| OCR Text |
Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 425 (12) Utah. First, domestic; second, agriculture.969 (13) Washington. To be determined by court. Protection as among irrigators in condemnation proceedings accorded to the most economical method of artificial irrigation.970 (14) Wyoming, (a) Drinking for both man and beast; (b) municipal; (c) steam engines and general railway use, culinary, laundry, bathing, refrigera- tion (including manufacture of ice), steam and hot water heating plants, steam power plants; (d) industrial. Irrigation superior to any use by water turbines or impulse water wheels for power.971 Acquisition of rights to appropriate water.- (1) Preferences regarding application for permit. (a) Arizona. When pending applications conflict, first preference goes to domestic (including small gardens) and municipal uses; second to irrigation and stockwatering; third to power and mining; last to recreation and wildlife including fish.972 (b) California. In acting upon applications to appropriate water the board shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water.973 An express and candidly stated deviation from the originally strict principle of "First in time, first in right" in the doctrine of prior appropriation is the declaration of the California Legislature that "The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether it is first in time."974 The Water Resources Control Board is directed to take abroad view of the benefit to the public from a proposed project in relation to other beneficial uses of the water applied for. The beneficial uses which the Board must consider include, but are not limited to, "domestic, irrigation, municipal, industrial, preservation and enhancement of fish and wildlife, recreational, mining and power purposes, and any uses specified to be protected in any relevant water control plan." (There is no suggestion of preferences in this listing.) In its decision, the Board may subject the proposed appropriation "to such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest, the water sought to be appropriated."975 969Utah Code Ann. §73-3-21 (1968). 970Wash. Rev. Code §90.03.040 (Supp. 1961). 971 Wyo. Stat. Ann. §41-3 (1957). 972 Ariz. Rev. Stat. Ann. §45-147 (Supp. 1970). See also §45-141(C) (1956). 973Cal. Water Code § §106 (West 1956) and 1254 (West Supp. 1970). 974Cal. Water Code §1460 (West 1956). 97SCal. Water Code § 1257 (West Supp. 1970). See also § § 1253,1255,1256, and 1258; Johnson Rancho County Water Dist. v. State Water Rights Bd., 235 Cal. App. (2d) 863,45 Cal. Rptr. 589 (1965). |
