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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 351 Such a project may involve: (a) an on-channel reservoir in which streamflow is captured and from which stored water is released into the stream and diverted therefrom for use, with no direct flow diversion; or (b) on-channel storage and direct flow diversion; or (c) diversion from the stream of not only water to be impounded in a distant reservoir, but also of direct flow for immediate use. Whatever the combination, the permit authorizes construction of the whole project with storage as one of its features. The certificate or license confirms completion of the project and the water right therefor. The storage water right, right of diversion, and the right of use of water are complementary parts of one complete appropriative right. The completeness of integration of these processes is exemplified by an authorization in the water rights law of Kansas. This section declares that subject to vested rights and prior appropriation rights, any person entitled to use water for beneficial purposes may collect and store the same for use thereafter-with a proviso that such collection, storage, use, and times of use are consistent with reasonable storage and cultivation practices.625 The Montana statute provides that an appropriator may impound flood, seepage, and waste waters in a reservoir and thereby appropriate the same.626 The procedure for appropriating water of an adjudicated stream in this State includes presentation of information concerning proposed diversion, convey- ance, storage, and distribution works. If a storage reservoir is proposed, details respecting it and the means of conveying the stored water to the place of contemplated use must be stated. Included in this statute is a proviso that water released from storage in a reservoir constructed on an already adjudicated stream shall not be considered a part of the natural flow of such stream.627 The Utah statute provides that in an application for a permit to appropriate water to be stored in an on-channel reservoir, the storage shall be regarded as a diversion. The point of diversion is the point where the longitudinal axis of the dam crosses the center of the streambed. The place at which released water is taken from the stream is designated as a point of rediversion.628 With respect to water impounded in a reservoir constructed on a public watercourse in New Mexico-some of the water to be used for irrigation downstream and some held in storage for flood control-the supreme court held that the mere act of impounding the water did not clothe it with appropriative status. Since to constitute an appropriation there must be a diversion and an application to beneficial use, it was held that the impounded water was all public water until applied to beneficial use. Necessarily, therefore, such water was not appropriated until this requirement had been effected.629 62sKans.Stat. Ann. § 42-313(1964). 626 Mont. Rev. Codes Ann. § 89-801(1) (Supp. 1969), noted under "Public Policy," above. 627 Mont. Rev. Codes Ann. § 89-829 (1964). 628 Utah Code Ann. § 73-3-2 (1968). M9State ex rel. State Game Commission v. Red River Valley Co., 51 N. Mex. 207, 223-224,182 Pac. (2d) 421 (1945). |
