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Show DECLARATIONS OF POLICY 13 A Kansas statute provides that an appropriation of water is effectual only as to so much water as is applied to beneficial use, together with a reasonable allowance for waste, seepage, and evaporation.76 The water appropriation statute of Nevada requires that in determining the quantity of water to be allowed in a permit, there be taken into consideration various factors including reasonable transportation losses between the places of diversion and use, and reservoir evaporation losses in case of storage of water.77 Courts recognize that absolute efficiency in the diversion, conveyance, and appropriation of water is not practicable, and that at times some so-called "waste" is inevitable.78 A water user thus is entitled to a reasonable allowance-but only that-in conducting his water from the point of diversion to the place of use.79 The limitation of economy of use of water is to be applied within reasonable limits; it is to be emphasized, but not "to such an extent as to imperil success."80 In the last analysis, it precludes any waste of water that can be reasonably avoided.81 Rights to the Use of Water Constitutional confirmation of existing water rights.-In the constitutions of Arizona, New Mexico, and Utah, all rights to the use of water in the State for useful or beneficial purposes, existing at the time of adoption of the constitutional declaration, are recognized and confirmed.82 Appropriation of water: Recognition and safeguarding of the right.-The constitutions of Colorado and New Mexico declare that waters of natural streams are subject to appropriation under the laws of the State.83 The Colorado constitution contains a further provision that the right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied.84 In three other States, there is a safeguard similar to that of Colorado but with important qualifications-there shall be no denial of the right to appropriate water except (1) in Nebraska and Wyoming, when the denial is demanded by the public interest, and (2) in Idaho, where the State may regulate and limit the use of water for power purposes.85 Each of the 17 contiguous Western States and Alaska has a statute that authorizes the appropriation of water in natural watercourses, and each provides statutory procedure under which such rights may be acquired. (The 76Kans. Stat. Ann. § 42-302 (1964). "Nev. Rev. Stat. § 533.070 (Supp. 1967). 78Bidleman v. Short, 38 Nev. 467, 470-471, 150 Pac. 834 (1915). "Basinger v. Taylor, 36 Idaho 591, 597, 211 Pac. 1085 (1922). 80Allen v.Petrick, 69 Mont. 373, 376, 380, 222 Pac. 451 (1924). 81 Vineyard Land & Stock Co. v. Twin Falls Oakley Land & Water Co., 245 Fed. 30, 33-34, 35 (9th Cir. 1917). 82 Ariz. Const., art. XVII, § 2; N. Mex. Const., art. XVI, § 1; Utah Const., art. XVII, § 1. 83Colo. Const., art. XVI, § 5; N. Mex. Const., art. XVI, § 2. 84Colo. Const., art. XVI, § 6. 8sNebr. Const., art. XV, § 6; Wyo. Const., art. VIII, § 3; Idaho Const., art. XV, § 3. |