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Show 252 APPROPRIATION OF WATER The United States Specific authorization in most statutes.-Most of the western water appropriation statutes specifically include the United States among those who may appropriate water pursuant to the statutes. Kansas and South Dakota include in the definition of "person" any agency of the Federal Govern- ment.140 The North Dakota State Water Conservation Commission, which has supervisory control over the acquisition of all water rights in the State, is fully empowered to contract with the United States, or any of its departments, agencies, or officers, with respect to planning, developing, and handling of any or all waters of the State, whether considered as intrastate or interstate.141 Appropriation without specific statutory authorization.- Appropriations of water by the United States pursuant to State laws are recognized in all Western States, regardless of specific enabling mention in the State statute. For example, the Wyoming water rights statute, from the time of its first enactment, has applied in specific terms only to persons, associations, or corporations. Yet in its decision in a leading interstate suit, in which the United States was granted leave to intervene, the United States Supreme Court pointed out that pursuant to the Reclamation Act142 the Secretary of the Interior made filings for lands in both Wyoming and Nebraska in compliance with the Wyoming water appropriation law, and that these filings were accepted by the State officials as adequate under State law and established the priority dates for the projects.143 Special statutory provisions relating to the United States. -Several of the western water appropriation statutes contain special provisions concerning appropriation of water by the United States. These are directed chiefly, but not entirely, at facilitating construction of Federal projects under the Reclamation Act of 1902 as amended.144 Thus in Montana, New Mexico, and Oklahoma, prospective appropriations of water are held valid for 3 years in order to afford opportunity for investigation by the Federal Government before actually initiating the appropriative right.145 The Washington statute authorizes a 1 year period for preliminary investigation of a proposed Federal project, a further period of 3 years, and even more time for detailed investigation if the undertaking appears feasible.146 In South Dakota, unappropriated waters-except "for uses under 140Kans. Stat. Ann. § 82a-701(a) (1969); S. Dak. Comp. Laws Ann. § 46-1-6(1) (1967). 141N. Dak. Cent. Code Ann. §§ 61-02-24, 61-02-24.1, 61-02-28 (Supp. 1969), and 61-02-25 to 61-02-27 (1960). 142 32 Stat. 388, § 8, 43 U.S.C. § § 372, 383 (1964). ^Nebraska v. Wyoming, 325 U. S. 589, 611-615 (1945). 144 32 Stat. 388, 43 U.S.C. § llletseq. (1964). 145 Department of Interior: Mont. Rev. Codes Ann. § 89-808 (1964); Reclamation Act: N. Mex. Stat. Ann. § 75-5-31 (1968); United States: Okla. Stat. Ann. tit. 82, § 91 (1970). 146Wash. Rev. Code § 90.40.030 (Supp. 1961). |