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Show 324 APPROPRIATION OF WATER and the application therefor conform to all requirements of the statute and of the rules and regulations of the State administrator issued pursuant thereto- including correctness and completeness of form, availability of unappropriated water, freedom from taint of impairment of the public welfare or infringement of existing water rights-and if in the administrator's judgment there are no other compelling reasons for dismissing the application (see discussion of Restrictions and Preferences in Appropriation of Water, below), the application is approved. Otherwise, it must be denied. The next step in the statutory process is issuance of a permit to one whose application is approved. This is the intended appropriator's authorization to proceed with his proposed project, or with some modification of it in- sisted upon by the administrator acting within his delegated discretion. In some States, the permit is a separate document. In most of them, however, the application, with the State's approval endorsed thereon, is returned to the applicant and becomes thereby his permit to make the appropriation. The permit contains certain directions which, together with specific requirements of the statute, must be followed by the permittee in constructing his water control works, diverting water, and applying it to beneficial use. In the majority of the States under consideration, the permittee makes proof to the administrative agency of completion of construction and of diversion and application of water to beneficial use. This proof, if accepted as full compliance with the statutory requirements, entitles the permittee to the issuance by the State of a document which evidences the State's acknowledg- ment that the applicant has completed his appropriation. In several States, this final administrative document is called a license. In the others, it is a certificate, or a certificate of appropriation, or a water rights certificate. Procedures in three States require the permittee to make proof of completion of construction of works when that stage has been accomplished. On doing this, he receives a certificate of construction before being required to go through the final formality of obtaining his license.503 This may precede the making of proof of application of water to beneficial use and issuance of an ensuing license by a short period of time or perhaps by a very long one, depending upon the circumstances. However, in most of these cases, the official inspection to determine the quantity of water applied to beneficial use may be made at the same time as that of the constructed work if requested by the permittee and approved by the administrator. After issuing the permit in Nebraska and Texas, the permittee receives no further documents. A previous requirement in the Nebraska statute (that the State agency, when satisfied that the appropriation had been perfected in accordance with law, should send a certificate to the county clerk for 503 N. Mex. Stat. Ann. § 75-5-9 (1968); Okla. Stat. Ann. tit. 82, § § 52 and 53 (1970); S. Dak. Comp. Laws Ann. § § 46-5-27 to 46-5-29 (1967). |