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Show 216 WATER RIGHTS SYSTEMS PERTAINING TO WATERCOURSES natural flow of the stream nor pursue nor pollute it, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the State as provided by law.769 Section 2 of this 1963 statute'(which became Section 1-A of Title 82, Okla. Stat. (1970)) relates to rights to use water, domestic use, and priorities. Water taken for domestic use is not subject to the provisions of the appropriation law. "Any natural person has the right to take water for domestic use from a stream to which he is riparian or to take stream water for domestic use from wells on his premises," as provided in section 1. Domestic use is defined to include the use of water "for household purposes, for farm and domestic animals up to the normal grazing capacity of the land, and for the irrigation of land not exceeding a total of three (3) acres in area for the growing of gardens, orchards and lawns. . . ."27° By the 1963 amendment, the legislature has undertaken to respect existing claims of water rights based upon beneficial use, but to restrict the exercise of unused riparian rights to water for domestic purposes only, as defined in the act. Provision has been made for obtaining priorities based on present beneficial riparian use initiated before the effective date of the act, dating from initiation of the beneficial use. But no such priority right for a beneficial use initiated after statehood shall take precedence over those for a beneficial use with a priority date earlier than the effective date of the 1963 amendment arising by compliance with the appropriation statutes.271 Provision is made for 269 The italicized words have been added by the amendment in Okla. Stat. Ann. tit. 60, § 60 (Supp. 1970). Tit. 60, § 60, in its first sentence, had provided and still provides that the owner of the land owns water standing thereon or flowing over its surface but not forming a definite stream. As amended, following this and the provision regarding domestic use described above, the following wording has been added in tit. 60, § 60: Provided however, that nothing contained herein shall prevent the owner of land from damming up or otherwise using the bed of a stream on his land for the collection or storage of waters in an amount not to exceed that which he owns, by virtue of the first sentence of this Section so long as he provides for the continued natural flow of the stream in an amount equal to that which entered his land less the uses allowed in this Act; provided further, that nothing contained herein shall be construed to limit the powers of the Oklahoma Water Resources Board to grant permission to build or alter structures on a stream pursuant to Title 82 to provide for the storage of additional water the use of which the land owner has or acquires by virtue of this Act. It also may be noted that Okla. Stat. Ann. tit. 82, § l-A(a) (1970) provides that "this Act shall not apply to farm ponds or gully plugs which have been constructed under the supervision and specifications of the Soil and Water Conservation Districts prior to the effective date of this Act." 270 Water for such purposes may be stored in an amount not to exceed 2-years' supply. 271 Moreover, such a priority might have been lost in whole or in part because of nonuse. Okla. Stat. Ann. tit. 82, § 1-A(b)6 (1970), referring to § 32. By virtue of Laws 1965, ch. 336, § § 32A and 32B of tit. 82 provide that vested rights of use may be declared lost in whole or in part due to 7-years' nonuse. See Rarick, J. F., "Oklahoma Water |