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Show 306 APPROPRIATION OF WATER North Dakota and South Dakota started out with ambitious water distribution schemes inspired by those of Colorado and Wyoming, yet with very small aggregate areas under irrigation. Not only this, but the watered areas were concentrated mostly in the extreme western regions. Both States eventually discarded these plans as obsolete. Instead, North Dakota simply places all water distribution functions under the Water Conservation Commis- sion.434 Her sister State of South Dakota authorizes organization of water use control areas and appointment of watermasters when necessary.435 Idaho also started out with a statewide plan which was never put into operation. Instead, there is an operating plan of districts for adjudicated streams and elected watermasters under central State supervision.436 The Kansas water rights law contains provisions for appointment of water commissioners to serve under central control in field offices.437 (4) Completeness of the State administrative system authorizations. In the overall view, then, the water rights laws of 16 Western States prescribe procedures governing exercise of all three basic administrative functions of State control over water rights: (a) supervision by an administrative agency over acquisition of appropriative water rights, (b) participation of the administrative agency in water rights adjudications in proceedings initiated by the State, either on its own motion or on petition of water users, and (c) administrative supervision over the distribution of water to those entitled to receive it. These States are Alaska, Arizona, California, Idaho, Kansas, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. It should be emphasized that this classification takes account only of outstanding statutes-not of the degree to which the statutory authorizations are put into effect, or whether they are used at all. Two States authorize one administrative function only: Montana, adjudica- tion of water rights; Colorado, distribution of water. Only in Hawaii is there no administrative procedure pertaining to the control of surface water rights. Administrative Agencies In most water administration States, exercise of the several administrative functions is delegated to a single agency or official. California is an exception. In 1956, the office of California State Engineer was abolished and its functions pertaining to water and dams were transferred to two newly created agencies: to a State Water Resources Control Board, having functions (a) control of acquisition of appropriative water rights, and (b) participation in adjudication procedures; and to a Department of Water Resources, having function (c) distribution of water in watermaster service areas. 434 N. Dak. Cent. Code Ann. ch. 61-02 (1960). 435 S. Dak. Comp. Laws Ann. § § 46-10-9 and 46-10-14 (1967). 436 Idaho Code Ann. § 46-602 (1948). 437 Kans. Stat. Ann. § 82a-706e (1969). |