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Show WATERS SUBJECT TO APPROPRIATION 231 which it could have practical application. This appears to be consonant with principles of ground water hydrology. The definition reads: " 'Ground Water' means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves."27 Ground water body with ascertainable bounderies. -Designations in the New Mexico and Washington ground water statutes fall within this category. The first group is "underground streams, channels, artesian basins, reservoirs, or lakes, having reasonably ascertainable boundaries."28 The second is "All bodies of water that exist beneath the land surface and that there saturate the interstices of rocks or other materials-that is, the waters of underground streams or channels, artesian basins, underground reservoirs, lakes or basins, whose existence or whose boundaries may be reasonably established or ascertained. .. ,"29 Definite underground stream and underflow of surface stream.- Statutes of Arizona, California, and Texas include subterranean streamflows in lists of appropriable waters. In Arizona, it is water flowing "in definite underground channels." In California, "subterranean streams flowing through known and definite channels." And in Texas, waters of the ordinary flow "and underflow" of every flowing river or natural stream.30 Miscellaneous (1) The New Mexico statute includes a provision to the effect that artificial surface waters that pass from the domain of the owner or developer and enter a natural watercourse, and are not reclaimed by him for a period of 4 years, are subject to appropriation; but that continuance of their availability for such appropriation cannot be compelled.31 (2) Statutes passed in Colorado, Oregon, and Washington late in the 19th century provided that ditches for utilization of waste, seepage, or spring waters should be governed by the same laws relating to priority of right as those diverting from streams, provided that the owner of the lands upon which such water arose should have the prior right thereto. The Colorado and Oregon acts "Oreg. Rev. Stat. § § 537.515 and 537.525 (Supp. 1969). 28N. Mex. Stat. Ann. § 75-11-1 (1968). "Wash. Rev. Code § 90.44.035 (Supp. 1961). 30 Ariz. Rev. Stat. Ann. § 45-101 (1956); Cal. Water Code § 1200 (West 1956);Tex. Rev. Civ. Stat. Ann. art. 7467 (Supp. 1970). 31N. Mex. Stat. Ann. § 75-5-25 (1968). For the purpose of this act, artificial surface waters are defined as waters whose appearance or accumulation is due to escape, seepage, loss, waste, drainage, or percolation from constructed works, either directly or indirectly, and which depend for their continuance upon acts of man. They are primarily private and subject to use by the owner or developer thereof. |
