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Show 642 EXERCISE OF THE APPROPRIATIVE RIGHT in the case of irrigation districts, agricultural improvement districts, or water users associations, with the approval of the governing body of such organizations. (2) Purpose of use. For domestic, municipal, or irrigation, State administration approval required. For generation of 25,000 horse- power hydroelectric energy, legislative authorization required.245 California.-Point of diversion, place of use, or purpose of use. (1) Appropriation made under Water Commission Act or Water Code. State administration permission required; agency must find no resulting injury to any legal water user, and hold hearing on protest. (2) Appropriation otherwise made, (a) No injury to others, (b) Extension of conduit to places beyond first use.246 Colorado. -Permissive determination of change in type, place, or time of use, or points of diversion; ruling by water judge or designated referee in accord with no injury to other vested rights, or prevention of injury by imposing terms.247 Idaho. -Point of diversion or place of use. State administration approval required; hearing of protest; finding of no injury to others. Any person aggrieved by administrator's decision may appeal to court. If right represented by shares of corporate stock, or if system controlled by irriga- tion district, organization consent required for change to outside lands.248 Kansas.- (1) Point of diversion, place of use, or purpose of use. State administration approval required; finding of reasonableness and no impair- ment of any existing right, and that change relates to the same local source of supply as that to which water right relates. No loss of priority. (2) Extension of ditch to new place of diversion. Caused by unfavorable change in natural stream channel. No injury to others. No loss of priority.249 Montana.- Point of diversion, extension of conduit beyond place of first use, purpose of use. No injury to others.250 Nebraska.-(1) Point of diversion, line of conduit, or storage site. State administration approval required. (2) Established return flow point of reclamation district or power appropriator. State administration approval required251 345Ariz. Rev. Stat. Ann. §§ 45-146(B) (1956) and 45-172 (Supp. 1970). The latter section, relating to changes in place of water use, also contains references to certain purposes of use. 246Cal. Water Code § § 1700, 1706 (West 1956), and 1701-1705 (West Supp. 1970). 247Colo. Rev. Stat. Ann. § § 148-21-3(11) and 148-21-1 8 to 148-21-21 (Supp. 1969). 248Idaho Code Ann. § § 42-108 and -222 (Supp. 1969). 249Kans. Stat. Ann. § § 42-304 (1964) and 82a-708b (1969). 250Mont. Rev. Codes Ann. § 89-803 (1964). 251Nebr. Rev. Stat. § 46-250 (1968). The composite effect of this and § § 46-122 and -233 (1968) in regard to changes in place of use, as construed by the courts, is rather unsettled. This is discussed in chapter 8 under "Property Characteristics-Appurte- nance of Water Right to Land-Appurtenant and not Generally Severable Without Loss of the Right." |