| OCR Text |
Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 341 the decision of the administrator. The purpose of this document is to define completely the water right which has been acquired, particularly the extent and conditions of actual diversion and application of the water to beneficial use. Important items to be included will be the name and address of the appropriator; date of priority; source of water supply; extent and purpose of the water right; quantity of water found by inspection to have been applied to beneficial use; place of diversion and place of use, including land descriptions in case of irrigation. In various instances, description of irrigated land by legal subdivisions is required, except for large projects. Reference is made in the certificate to the permit under which the water was appropriated. As this final document evidences the water right which the State thus certifies has been acquired, the quantity of water to which it relates cannot exceed the quantity found to have been actually put to beneficial use. Likewise, it is sometimes declared that the certificate cannot extend the rights described in the application for a permit. (d) Conditions. Under "(4) Permit to appropriate water," above, some conditions that the statutes impose upon those who receive permits to appropriate water are noted. The conditions respecting leases of power (in Nebraska567), limitation on valuations to be claimed in rate fixing and condemnation proceedings, and effect of junior rights on means of diversion of prior appropriators, are all permanent features of the perfected water rights, in addition to being imbedded in the permit. In California, Arizona, and Oregon, holders of licenses and certificates of appropriation are bound by the conditions imposed in permits, noted above, with respect to claims of value therefor.s68 In Arizona, certificates for rights to the use of water for power development must limit the right or franchise to a period of 40 years from date of application, subject to a preferred right of renewal under laws existing at the date of expiration. Priority of the appropriation dates from the time of filing the application with the State officer.569 (e) Effect of certificate or license. Typical legislative declarations are: - The license "confirms the right to the appropriation of such an amount of water as has been determined to have been applied to beneficial use." A license shall be effective for such time as the water actually appropriated under it is used for a useful and beneficial purpose in conformity with the statute but no longer.570 s67Nebr. Rev. Stat. § 46-236 (Supp. 1968). M8Cal. Water Code § 1629 (West 1956). The Arizona statute apparently reaches the same result by referring to "the permittee, his successors or assigns": Ariz. Rev. Stat. Ann. § 45-149(B) (1956). In Oregon, the prohibition relates to "the actual cost to the owner of perfecting" the rights in accordance with the provisions of the statute: Oreg. Rev. Stat. § 537.280 (Supp. 1969). 569 Ariz. Rev. Stat. Ann. § 45-152(B) (1956). 570Cal. Water Code § § 1610 (West Supp. 1970) and 1627 (West 1956). |
