OCR Text |
Show 762 to obtain a permit, however, to construct on one's own property a dam and reservoir to impound not to exceed 50 acre-feet of water for domestic and livestock purposes.317 Apparently the statutory procedure is the exclusive method of appropriating water in Texas.318 Any appropria- tion of water "wilfully abandoned" during any three successive years is forfeited.319 The statutes contain several provisions relating to preferences in the use of water. In the allotment and appropriation of water, pref- erence is accorded in the following order: (1) Domestic and municipal uses, including water for domestic animals; (2) conversion of materials into higher forms, including electric power other than hydroelectric; (3) irrigation; (4) mining and mineral recovery; (5) hydroelectric power; (6) navigation; (7) recreation and pleasure.320 Preference is to be given also to applications contemplating the maximum utilization of waters.321 Priority over all other applicants is accorded an intending appropriator of water for storage by channel dams for irrigation, mining, milling, manufacturing, development of power, water for cities and towns, or stock raising.322 The owner of land through which water flows has preference for a designated period over an applicant for a permit to appropriate the water for mining purposes.323 Except on any stream constituting the international boundary between the United States and Mexico, appropriations for other than domestic or municipal purposes are to be granted subject to the right of any municipality to make further appropriation of such water thereafter without the neces- sity of condemnation or payment of compensation.824 The riparian doctrine has been recognized as a fundamental part of the water law of Texas from the time of the earliest litigation on the subject. That recognition has extended throughout the long series of conflicts between claimants of riparian lands and claimants of rights to use water on nonnparian lands under the irrigation statutes enacted from time to time, but the appropriation doctrine likewise has been recognized for many decades and has become of great importance in 817 Tex. Vernon's Ann. Civ. Stats., art. 7500a. 818 The statute provides no alternative method, but on the contrary makes the taking or appropriation of water, without first complying with all the provisions of the act, a misdemeanor: Tex. Vernon's Ann. Civ. Stats., art. 7520. See references to "statutory appropriation" in Biggs v. Miller, 147 S. W. 632, 636, 637 (Tex. Civ. App. 1912), decided prior to the enactment of the present law. See also reference to the extant statute in Clark v. Briscoe Irr. Co., 200 S. W. (2d) 674,682 (Tex. Civ. App. 1947). 819 Tex. Vernon's Civ. Stats., art. 7544. 820 Tex. Vernon's Civ. Stats., art. 7471. 821 Tex. Vernon's Civ. Stats., art. 7472c. 822 Tex. Vernon's Civ. Stats., art. 7545. 828 Tex. Vernon's Civ. Stats., art. 7467. 324 Tex. Vernon's Civ. Stats., arts. 7472 and 7472a. |