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Show 228 APPROPRIATION OF WATER In Kansas, all waters may be appropriated subject of course to vested rights.6 Also in Kansas, as well as in Nevada and Utah, declarations relate to all waters, whether on the surface or in the ground.7 Although a Washington statute declares public ownership of "all waters" within the State and generally relates rights of acquisition to appropriation, there is also a later ground water law which specified what ground waters are public and appropriable, the effect of which is to exclude broadly diffused percolating water.8 A general Oklahoma statute likewise does not specify any class of appropriable water. It provides the procedure by which one who intends to acquire the right to the beneficial use of "any water" shall go about acquiring such rights and uses general terms in other sections.9 However, one section provides procedure relating to "each stream system and source of water supply"10 and a later statute provides specific procedures for appropriating ground water.11 In 1966, the State of Alaska enacted a statute providing a system for the appropriation and use of all water and establishing a water resources board.12 Stream Waters The Colorado constitution declares the water of every natural stream to be the property of the public, subject to appropriation.13 The South Dakota surface water appropriation statute applies to "all waters flowing in definite streams of the State."14 As noted below, South Dakota has a separate ground water statute. In New Mexico, the constitution subjects to appropriation all natural waters flowing in streams and watercourses, whether perennial or torrential. A statute further defines a watercourse as "any river, creek, arroyo, canyon, draw, or wash, or any other channel having defined banks and bed with visible evidence of the occasional flow of water."15 Natural Streams The qualifying word "natural" is used in several water rights statutes-water of a "natural stream" or water flowing in a "natural channel." The Arizona Supreme Court held that this usage in the statute limits the sources of water appropriable thereunder and excludes sources of artificial «Kans. Stat. Ann. § 82a-703 (1969). ''Id. § § 82a-703 and 82a-707; Nev. Rev. Stat. § § 533.025 and 533.030 (Supp. 1969); Utah Code Ann. § § 73-1-1 and 73-3-1 (1968). 8 Wash. Rev. Code § § 90.03.010, 90.44.020,90.44.035 (Supp. 1961). 9Okla. Stat. Ann. tit. 82, § § 21, l-A(a), 2, 12-14, and 27 (1970). 10Id. § 11. 11 Id. § 1001 etseq. 12 Alaska Stat. § 46.15.010 et seq. (Supp. 1966). 13Colo. Const., art. XVI, § § 5 and 6. 14S. Dak. Comp. Laws Ann. § 46-5-5 (1967). I5N.Mex. Const., art. XVI, § 2; Stat. Ann. § 75-1-1 (1968). |
