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Show 340 APPROPRIATION OF WATER two successive certificates in the same proceeding. In California, also, which does not have certificates of construction, it is called a license. In the other States, it is a certificate, or certificate of appropriation, or certificate of water right. (b) Procedures. The immediate steps leading to issuance of this document vary. In some States, with the approach of the time set in the permit for making proof of application of water to beneficial use, the administrator notifies the permittee of his impending obligation. In others, the permittee takes the initiative by reporting to the State the completion of his requirements. The administrator makes an inspection of the situation or causes it to be made. Most of the statutes that provide for certificates of completion of construction state that the inspection to determine the amount of water applied to beneficial use shall be made at the same time as that of the constructed work if requested by the permittee and deemed proper by the administrator. Issuance of the certificate may be made or denied, depending upon the results of the inspection. As no certificate may be issued for more water than has been applied to beneficial use, an intending appropriator who has not been able to accomplish it all within the time limit may possibly be granted an extension of time, or a certificate for a lesser quantity of water than was intended. For example, the Oregon water rights statute declares that the State Engineer "shall limit the certificate * * * to a description of such appropriation as has been actually perfected to the extent that the water applied for has been actually applied to the beneficial use contemplated in the permit."565 In some of the laws, specific provision is made for hearing protests against issuance of certificates or licenses. A permittee who deems himself aggrieved at the action of the administrator in connection with issuance or refusal to issue a certificate or license may have the same reviewed in court. Issuance of certificates and licenses is recorded in the administrator's office and in the appropriate county records. The Wyoming procedure differs from those of other States. When an appropriation of water has been perfected, the appropriator may submit final proof before one of the members of the water administration organization. The water division superintendent advertises notice of when and where proofs will be open to public inspection. An interested party may contest any proof. Thereafter, the materials are transmitted to the Board of Control which, if satisfied that the appropriation has been perfected in accordance with the permit, issues a certificate of appropriation of the water and sends it for recording to the county in which the use of water has been made.566 (c) Contents of certificate or license. Some statutes list the main items to be included in a certificate or license, while others leave the required contents to 565Oreg. Rev. Stat. § 537.260(2) (Supp. 1969). 566 Wyo. Stat. Ann. § 41-211 (Supp. 1969). |
