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Show 250 APPROPRIATION OF WATER waterpower rights and properties. Municipal water rights acquired before February 24, 1909-the effective date of the water code of 1909-are confirmed. The State Engineer is directed to reject, or to grant subject to municipal use, all appropriations where, in his judgment, appropriation of the waters applied for impairs a municipal water supply. Municipal corporations are to advise him on request as to the amount and source of the municipal water supply, and any probable increase or extension of the same.129 Some of the western water appropriation statutes provide for preferences in appropriating water and for preferred uses of appropriated water, in which domestic and municipal uses are favored.130 The State General observations.-It is within the province of the legislature to declare generally that the State or its agencies may appropriate water. It is likewise the legislature's prerogative to provide special procedure for such appropriation, or even to ignore the subject completely. If nothing is said in the statute about State appropriations of water, the State executive branch could not be viewed as being thereby precluded from appropriating water for its proper functions. For example, if a water supply were needed for a State administrative or medical or penal institution, and unappropriated water is found available therefor, the State agency in charge of the institution's affairs would be no less competent to appropriate the water for its official functions than would be any other intending appropriator of water for his private needs. Some western State statutes expressly recognize the State or agencies thereof as possible appropriators. Some individual State situations.-(1) Oregon and Utah. Waters may be withdrawn from general appropriation for specific purposes, including State use, if the legislature chooses to do this or to permit it to be done. The Oregon legislature has so withdrawn waters of a number of streams for purposes, among others, of "maintaining and perpetuating the recreational and scenic resources of Oregon," for public park purposes, and for protection and propagation of game fish.131 And the State Water Resources Board of Oregon is authorized to make withdrawals of water from appropriation when necessary to comply with requirements of the State water resources policy.132 In Utah, water may be withdrawn from appropriation by the Governor, on recommen- dation of the State Engineer, for the purpose of preserving it for use by mOreg. Rev. Stat. § § 537.230, .290, .410 (Supp. 1969), and 538.410 (Supp. 1967). 130These matters are discussed later under 'Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water." 131Oreg. Rev. Stat. §§ 538.110-.300 (Supp. 1967). For a different approach (ap- propriation of the unappropriated water of a lake by the governor, in trust for the people), see Idaho Code Ann. § 67-4301 (1949), discussed in chapter 8 under "Elements of the Appropriative Right-Purpose of Use of Water-Other Purposes of Use of Water-Recreation". 132Oreg. Rev. Stat. § 536.410 (Supp. 1969). |