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Show 382 LOSS OF WATER RIGHTS IN WATERCOURSES (2) California. No possession by any person, firm, or corpora- tion of any land, -water, water right, easement or other property dedicated to public use by a public utility or dedicated to or owned by the State or any public entity, no matter how long continued, shall ever ripen into any title, interest or right against the owner thereof.642 (3) Colorado. No possession by any person, firm, or corpora- tion of any land, water, water right, easement or other property dedicated to or owned by the State or any public entity, no matter how long continued, shall ever ripen into any title, interest or right against the State or public entity.643 (4) Kansas. No water right of any kind may be acquired solely by adverse use, adverse possession, or estoppel.644 (5) Nevada. No prescriptive right to the use of abandoned or forfeited water or any public water appropriated or unappropriated can be acquired by adverse user or adverse possession for any period of time whatsoever.645 (6) North Dakota. Those who have beneficially used water for 20 years prior to July 1,1963, "shall be deemed to have acquired a right to the use of such water without having filed or prosecuted an application to acquire the beneficial use of such waters," if claims for such water are filed under the permit procedures within 2 years from July 1, 1963. If the State Engineer finds that the application and supporting documents substantiate the claim he shall approve the application. If no claim is filed within the 2 year period by the "prescriptive user," the right shall be "abandoned and forfeited." Any such "prescriptive water permit" acquired under this provision is subject to forfeiture for nonuse in the same manner as perfected appropriative rights.646 (7) Texas. The holder of a statutory appropriative right who makes use of the water pursuant thereto for 3 years is deemed to have acquired a title to such appropriation by limitation as against all other claimants of water from the same stream and all riparian owners thereon.647 (8) Utah. No right to the use of water either appropriated or unappropriated can be acquired by adverse use or adverse possession.648 (9) Washington. No rights to use "appropriated or unappropri- ated" surface or ground waters of the State may be acquired by prescription or adverse use.649 642 Cal. Civ. Code § 1007 (West Supp. 1970). 643Cblo. Rev. Stat. Ann. § 118-7-1(2) (Supp. 1967). 644Kans. Stat. Ann. § 82a-705 (1969). 64SNev. Rev. Stat. § 533.060(3) (Supp. 1967). 646 N. Dak. Cent. Code Ann.§ 61-04-22 (Supp. 1969). 647 Tex. Rev. Civ. Stat. Ann. art. 7592 (1954). The courts of Texas have not construed this statutory period of 3 years as a substitute for the 10-year statutory period theretofore accepted by analogy as controlling the vesting of prescriptive rights. See the earlier discussion of this situation under "Basis of the Prescriptive Right-Analogy to Adverse Holding of Land-The Texas situation." 648Utah Code Ann. § 73-3-1 (1968). 649Wash. Rev. Code Ann. § 90.14.220 (Supp. 1970). |
