| OCR Text |
Show 352 APPROPRIATION OF WATER Separate permits for storage and for application of stored water to benefi- cial use.- In a somewhat smaller group are statutes that provide, where storage of water is involved, for separate but nonetheless complementary proced- ures. Several of these statutes contain almost identical provisions. An application for a reservoir permit is subject to the general requirements of the appropriation statute, except that it is exempted from the provision in the general procedure-if there is one-requiring enumeration of lands proposed to be irrigated. This is generally known as the primary permit. One who wishes to apply to beneficial use water so stored under the primary permit files an application for a secondary permit. This application refers to the reservoir for a supply of water. It also presents evidence that an agreement has been entered into with the reservoir owner for a permanent interest in the reservoir for impounding therein an adequate quantity of water. On completion of beneficial use of the water, proof is taken under the secondary permit. The final certificate of appropriation refers to both the works for conveyance of water from the reservoir described in the secondary permit, and the reservoir described in the primary permit.630 With several exceptions, the foregoing procedure is also followed in Nebraska. Certain exceptions are: If the purpose to which the stored water is to be applied is irrigation, the application for a permit to make beneficial use must describe the land to be irrigated. For 6 months from the time limited for completion of the reservoir, the reservoir owner has a preferred right to file application for a permit to apply the water to beneficial use. No final certificate of appropriation of water is issued by the administrator on completion of the appropriation of water, whether with or without stor- age.631 The Texas Water Rights Commission likewise issues to the appropriator no documents after the permit. Before commencing construction or enlargement of any storage work, an application must be made to the Texas Water Rights Commission for a permit.632 Separate permits are required: (a) to build either an on-channel or an off-channel reservoir; (b) to appropriate water to fill the reser- voir; and (c) to divert and use water from storage.633 However, if requested, per- mission for all of these proposals has usually been contained in one permit.634 630Ariz. Rev. Stat. Ann. § 45-151 (1956);Nev. Rev. Stat. § 533.440 (Supp. 1967);Oreg. Rev. Stat. § 537.300 (Supp. 1969); Wash. Rev. Code § 90.03.370 (Supp. 1961); Wyo. Stat. Ann. § § 41-26 and -27 (1957). 631Nebr. Rev. Stat. § § 46-241 and -242 (1968). 632Tex. Rev. Civ. Stat. Ann. arts. 7492-7494 (1954). 633Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rules 210.1-.3 (1970 Rev., Jan. 1970). 634Letter to the author dated November 28, 1958, from Joe D. Carter, formerly Examiner and later Chairman of the Board of Water Engineers and of its successor the Texas Water Commission. |
