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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 359 unappropriated water of a natural lake would undoubtedly be recognized as a legitimate source of water supply in any western jurisdiction, subject to the ever present restriction that existing property rights shall not be impaired. In discussing the relation of a watercourse to connected sources of water supply, chapter 3 stresses the reciprocal importance of lake level and outflow to the use of littoral lands, as well as to persons who depend upon the outflow. It cites two area examples of major importance. In addition to the question of appropriation of water of a natural lake is that of using such a body of water for storage purposes. The Texas statute authorizes both appropriation of water of lakes and storage of appropriated water in lakes.663 Maintenance of the water level of a lake in its natural surroundings, with a reasonable alteration of lake level to permit artificial storage and withdrawal of water, is important. Rights of lake level maintenance for purposes of preserving attractive surroundings, recreational opportunities, and land values were sustained in several western decisions.664 A Washington decision authorized parties (a) to store water in a navigable lake and to divert therefrom what they put in, after proper allowance for evaporation and seepage, and (b) to take from the lake such portion of any surplus as they might need. This was made subject to the requirement that rights of a prior appropriator in the use of his appliances be protected.665 Relation of storage site to watercourse. -Whether a proposed reservoir is to be located on the channel of a watercourse or away from it involves geographical and topographical considerations of available reservoir sites and other controlling features of the project. Great impounding dams in the West are characteristically built across stream channels. They hold back waters that collect for considerable distances upstream in the channel and on each side of it. On the other hand, many reservoirs of widely varying sizes are located away from watercourses and are filled through feeder canals which bring water from the natural source of supply. The character of water rights that attach to storage waters does not depend upon the location of the reservoir with respect to the stream. However, the storage and diversion features differ, and procedures for acquiring the water rights vary in some particulars. The water rights statutes that provide for primary and secondary permits differentiate between the functions of storing water and applying it to 663Tex. Rev. Civ. Stat. Ann. arts. 7467 and 7468 (Supp. 1970). 6MLos Angeles v. Aitken, 10 Cal. App. (2d) 460, 473-475, 52 Pac. (2d) 585 (1935); Elsinore v. Temescal Water Co., 36 Cal. App. (2d) 116, 129-130, 97 Pac. (2d) 274 (1939); Litka v. Anacortes, 167 Wash. 259, 262-263, 9 Pac. (2d) 88 (1932); In re Martha Lake Water Co. No. I, 152 Wash. 53,55-57, 277 Pac. 382 (1929). See Petition of Clinton Water Dist. of Island County, 36 Wash. (2d) 284, 286-291, 218 Pac. (2d) 309 (1950). 66SOrtel v. Stone, 119 Wash. 500, 503-504, 205 Pac. 1055 (1922). |
