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Show Chapter 7 APPROPRIATION OF WATER With one exception, all of the 19 Western States to which this study re- lates recognize the appropriation doctrine. The one exception is Hawaii. "The law of priority of appropriation which prevails in the arid sections of the mainland of the United States has never been recognized in this jurisdiction."1 DEFINITIONS Following are definitions of terms frequently used in this chapter: Water right is a right to the use of water, accorded by law.2 Appropriative right is an exculsive right, acquired under the procedure provided by law, to divert from a public water supply a specific quantity of water-provided it is available there in excess of the requirements of all existing vested rights-and to apply such water to a specific beneficial use or uses in preference to all appropriative rights of later priority. Inchoate appropriative right is an incomplete appropriative right in good standing. It comes into being as the first step provided by law for acquiring an appropriative right is taken. It remains in good standing so long as the requirements of law are being fulfilled. And it matures into an appropriative right on completion of the last step provided by law. Appropriation is the process or series of operations by which an appropriative right is acquired. A complete appropriation thus results in an appropriative right. To appropriate water, or to make an appropriation, is to take the steps required by law for the acquisition of an appropriative right. Appropriated water is the water to which a completed appropriation in good standing relates. Priority of an appropriative right is the superiority of the right over all rights of later priority when the available water supply is not enough for all. The priority relates to a specific date, and in some cases to a specific hour of such date. 1 Carterv. Territory of Hawaii, 24 Haw. 47, 57 (1917). Nevertheless, see chapter 20 regard- ing Hawaiian ground water regulatory legislation which includes some features that ap- pear to be modifications of the appropriation doctrine. Haw. Rev. Stat. § § 177-1 to -35 (1968). 'Definitions of terms in this section are based largely on National Reclamation Association, "Desirable Principles of State Water Legislation," pp. 1-5 (1946), which was prepared by a committee of the National Reclamation Association, Wells A. Hutchins, chairman, and on Texas State Board of Water Engineers, "Rules, Regulations and Modes of Procedure," rule 115.1 (1955). (226) |