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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 335 not denied on the ground that diversions under such later appropriations may cause a change in the static water level at the prior appropriator's point of diversion, or impairment of quantity or quality of surface water. The Idaho ground water law recognizes the prior right of the first appropriator, but declares that a reasonable exercise of this right shall not block full economic development of ground water resources. It is further declared that early appropriations of ground water shall be protected in the maintenance of reasonable ground water pumping levels established by the State administrator.546 The general topic of protection and means of diversion of water supplies is discussed later in chapter 13. (c) Action by the permittee. Within the time limits specified in the permit, or within an extension thereof for reasonable cause, the holder of the permit or approved application is expected (a) to construct his diversion, storage, and distribution works; (b) to divert or impound water, or both, from the source of supply to which his permit relates; and (c) to apply the water to the beneficial use to which he is authorized to put it. The permittee will make such progress reports to the administrative agency as the rules and regulations of the latter provide for. In some instances, he may expect inspection visits from officers or technical employees of the agency. The permittee will report to the administrator completion of construction of his water service facilities. In several States, he is required to make proof of such completion and thereby to become entitled to a certificate of completion, as stated below. When he is ready to make proof of application of the water to beneficial use, which completes the steps he is required to take, the State issues to him a certificate or license evidencing the acquisition of his appropriative right, provided his proof is satisfactory. As stated before, in Nebraska and Texas no documents are issued after issuance of a permit. The permittee's appropri- ation is not complete, however, until he has applied the water to beneficial use. He may be required to furnish reports to the administrator, and he is subject to inquiry as to the status of his work. In the event that his work is not kept up, there is a prospect of his losing his permit. This is noted immediately below. (d) Revocation or cancellation of permit. A permit is valid and effective only so long as the holder takes his progressive steps with reasonable expedition, considering all the circumstances, and within the times allowed therefor in the permit or in any extensions thereof. Most of the States, through legislative declarations relating to forfeiture and abandonment and procedures leading thereto, take cognizance of inactive appropriative rights. These declarations of status and procedure contemplate matured water rights. But statutes of some States are silent as to the status of a permit-which of course is not an appropriative right-the requirements of which are not being met by the holder, and as to what should be done about it. 546 Idaho Code Ann. § 42-226 (Supp. 1969). |