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Show 282 APPROPRIATION OF WATER An appropriator under the California Water Commission Act or Water Code may jointly occupy and use the works of another if the State Water Resources Control Board finds that the undeveloped capacity of the source of supply requires it, on payment of a pro rata share of the cost of the old and new work and of maintenance.310 Under the same conditions and procedure, he may repair, improve, or enlarge at his own expense any works built or in process of being built, and may use the works jointly with the owners.311 With respect to compensation, Colorado provides for payment of a reasonable proportion of the cost of construction of the ditch;312 Oregon for the damages, if any, caused by the enlargement.313 New Mexico specifies that the person enlarging the ditch shall have the right to use of the quantity of water added to the capacity of the structure or other work caused by enlargement. Its statute makes further provision for recourse against a joint user who fails to pay his proper share of the cost of maintenance and operation.314 Utah provides that: The person who makes the enlargement must compensate the original owner for the damage caused thereby, and he must pay an equitable proportion of the canal maintenance. The enlargement must be made during a certain period of the year if not otherwise agreed upon. The additional water turned into the enlarged ditch shall bear its proportion of loss by evaporation and seepage.315 As noted above, it was the Utah statute authorizing enlargement of a neighbor's ditch that received the specific approval of the Utah Supreme Court and of the Supreme Court of the United States.316 Right of entry upon other land to obtain data.-ln addition to and aside from grants of rights-of-way easements, statutes of several States authorize entrance upon private lands for the purpose of obtaining data-a temporary privilege rather than a permanent right of occupancy and use. Thus, the New Mexico statute provides that technicians of the United States, the State, and of any person, firm, or corporation may enter upon both public and private lands and waters for the purpose of making hydrographic surveys and examinations necessary for selecting sites for water works, subject to responsibility for any damage done.317 That of Oregon authorizes any person to enter upon any land for the purpose of locating a point of diversion of water intended to be appropriated and for locating and surveying ditch lines and reservoir sites.318 In 310Cal. Water Code § § 1775 (West Supp. 1970) and 1777 (West 1956). 311 Cal. Water Code § 1800 (West Supp. 1970). 312Colo. Rev. Stat. Ann. § 148-3-6 (1963). 313Oreg. Rev. Stat. § 772.310 (Supp. 1963). 314 N. Mex. Stat. Ann. § 75-5-14 (1968). 315 Utah Code Ann. § 73-1-7 (1968). *16Nash v. Clark. 27 Utah 158, 162-168, 75 Pac. 371 (1904), affirmed, 198 U. S. 361, 367-370(1905). 317N. Mex. Stat: Ann. § 75-1-3 (1968). 318Oreg. Rev. Stat. § 537.320 (Supp. 1969). |
