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Show WHO MAY APPROPRIATE WATER 251 irrigation districts and organized agricultural water users, or "for any use whatsoever," when the welfare of the State demands it. It may be restored to appropriation under the same procedure.133 (2) Montana and North Dakota. The Montana Water Resources Board has constructed irrigation projects and acquired and exercised water rights therefor.134 Neither this Board nor any other public agency has jurisdiction over the acquisition of appropriative water rights. But the Board does have authority to bring action to adjudicate the waters of any stream.13S In North Dakota, the State Water Conservation Commission, which likewise has been engaged in water development, is given by the legislature full control over all unappropriated public water of the State to the extent necessary to fulfill the purposes of the statute. The North Dakota State Engineer is the secretary and chief engineer of the Commission and, subject to its approval, may grant water rights under the procedure provided by the statute. For its own purposes, the Commission may initiate a water right by executing a written declaration of intention and filing it in the office of the State Engineer. On completion of construction and application of water to beneficial use, a declaration of completion of the appropriation is filed.136 (3) California. The California Water Code specifically confers upon the State the privilege of appropriating water,137 and contains a part entitled "Appropri- ation of Water by Department of Water Resources" which is applicable in connection with the State Water Plan.138 Restrictions imposed by the California legislature on taking water away from counties and watershed areas in which it originates, in such quantities as to interfere with the proper development of such counties and areas, are mentioned later in connection with preferences in appropriating water resulting from location of land.139 '"Utah Code Ann. §§ 73-6-1 and 73-6-2 (1968). Such matters are noted later in discussing "Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water." 134 See, regarding one aspect of this, Allendale In. Co. v. State Water Conservation Board, 113 Mont. 436, 127 Pac. (2d) 227 (1942). 135Mont. Rev. Codes Ann. §§ 89-848, -849, -851 (Supp. 1969), -850, and -852 to -855 (1964). 136N. Dak. Cent. Code Ann. §§ 61-02-32 to 61-02-34, 61-03-01 (I960)., 61-02-31, and 61-02-32 (Supp. 1969). 137 Cal. Water Code § 1252.5 (West 1956). 138 Id., Div. 6, Pt. 2. The 1959 California Water Resources Development Bond Act (Stats. 1959, ch. 1762) which provided for a 1.75 billion dollar bond issue, was approved by the electorate in 1960. See "Implementation of the California Water Plan," Cal. Dept. of Water Resources Bui. 160-66, p. 18 (March 1966). See also, regarding the California Water Plan, "Water For California, The California Water Plan, Outlook in 1970" (Dec. 1970);Id., Summary Report (Dec. 1970). 13'See "Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water-Preferences in Water Appropriation-Acquisition of rights to appropriate water." |
