OCR Text |
Show 662 GROUND WATER RIGHTS without first obtaining a permit to do so.279 In instances where the designated area is wholly within a single county having three or more incorporated cities, a ground water board shall be established and the State Engineer shall not approve any requests for permits until he has conferred with the board and obtained its written advice and recommendations.280 Oregon The State Engineer, on his own motion or on receipt of proper petition, may initiate a proceeding to establish a critical ground water area whenever he has reason to believe that: (1) ground water levels in the area are declining, or have declined excessively; (2) the wells of two or more claimants within the area interfere with each other; (3) the available ground water supply within the area is overdrawn or is about to be overdrawn; or (4) the purity of the water in the area is about to be harmed.281 This same proceeding may also be undertaken in connection with the determination of rights to appropriate from ground water reservoirs. The State Engineer may also institute such proceedings if an application for a permit to appropriate ground waters shows probability of wasteful use or undue interference with existing wells.283 If, after public hearing, the evidence discloses that any of the circumstances actually exist, and that public health, welfare, and safety require controls, the State Engineer shall by order declare the area to be a critical ground water area. This order may include any one or more of the following provisions: (1) closing the area to further appropriation; (2) determining total withdrawals each day, month or year and, insofar as possible, apportioning such withdrawals among appropriators within the area in accordance with priority dates; (3) according water uses to preferences rather than priorities; (4) reducing the permissible withdrawal by one or more appropriators or wells; (5) adjusting total withdrawal by one appropriator owning two or more wells, or forbidding completely his use of one or more of the wells; (6) requiring the abatement or sealing of any well polluting the ground water; (7) requiring a system of rotation of use; or (8) any other provisions necessary to protect public health, welfare, and safety.284 Texas Texas has provisions for underground water conservation districts285 which function somewhat as critical groundwater areas. 219Id. § 534.050. 2&aId. § 534.035. 281Oreg. Rev. Stat. § 537.730 (Supp. 1969). ™2Id. § 537.675. 2S3Id. § 537.620(3). 2MId. § 537.735. 285 Tex. Rev. Civ. Stat. Ann. art. 7880-3c et seq. (1954). |