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Show 334 APPROPRIATION OF WATER one irrigation season for a project of no less than 5,000 acres.540 The Utah law limits extensions to 50 years from the date of the permit. It provides further that extensions not exceeding 14 years may be granted by the State Engineer upon a sufficient showing by affidavit, and that those exceeding 14 years require application, publication of notice, and hearing at which any interested person may protest. If, however, works are constructed with which to make beneficial use of the water, additional time beyond the 50-year period may be granted in which to make proof.541 Factors involved in the determination of good cause for extending the prescribed limits for taking of steps in appropriating water are discussed in connection with "Completion of Appropriation-Diligence," below. (iv) Some other permit conditions. The Nebraska water appropriation statute requires the holder of an approved application for water power to enter into a contract with the State for the leasing from the State of all water so appropriated. The lease runs for a period not to exceed 50 years. The value of improvements made by a lessee is paid to him by a subsequent lessee.542 Every person who accepts a permit from the State of California does so under the conditions precedent that no value therefor in excess of the actual amount paid to the State shall ever be claimed with respect to either (a) public regulation of services to be rendered by him; or (b) valuation for purposes of sale to or purchase by, whether through condemnation proceedings or other- wise, the State or any of its political subdivisions, municipalities, or districts of designated types.543 The Arizona and Oregon water rights laws contain provisions to the same effect.544 An express condition of each appropriation of ground water in Nevada is that the appropriator's right relates to a specific quantity of water. It must allow for a reasonable lowering of the static water level at the appropriator's point of diversion. In Kansas, the condition applies to either surface or ground water; and to a reasonable raising or lowering of the static water level and reasonable increase or decrease of streamflow at the appropriator's point of diversion. Also, in Kansas, impairment of an existing use includes unreasonable deterioration of the water quality at the water user's point of diversion beyond a reasonable economic limit. In the determination of these matters the economics of diversion of pumping and the economy of the area are considered.545 The objective of these statutes is that so long as the rights of holders of existing appropriations of water from the same source of supply can be satisfied under such express conditions, permits to applicants later in time are 540 Idaho Code Ann. § 42-204 (Supp. 1969). 541 Utah Code Ann. § 73-3-12 (1969). 542Nebr. Rev. Stat. § 46-236 (1968). s43Cal. Water Code § 1392 (1956). 544 Ariz. Rev. Stat. Ann. § 45-149(B) (1956); Oreg. Rev. Stat. § 537.280 (Supp. 1969). "'Nov. Rev. Stat. § 534.110(4) (Supp. 1967); Kans. Stat. Ann. § 82a-711 and 711a (1969). |
