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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 361 location of points of diversion or rediversion from a natural channel, or of taking water under control for direct percolation; description and capacities of all physical works and surface and subterranean areas; and methods of water measurement. The Texas statute was amended in 1957 to authorize appropriation of "Those unappropriated public waters consisting of only storm and flood waters" for the purpose of recharging fresh water-bearing aquifers in a specified portion of the Edwards underground reservoir, to be withdrawn subsequently for application to a beneficial use. However, the legislature was careful not to disturb the prevailing Texas judicial and legislative concept of ownership by the landowner of percolating water in his land. It stopped the appropriative relationship of this recharging function when the water once entered the ground. Any water so appropriated, "upon being put or allowed to sink into the ground, shall thereupon lose its character and classification and be considered percolating ground water."673 One of the purposes for which a ground water district may be created is recharging the water supply of ground water reservoirs or subdivisions thereof.674 Recognition of the practice by the Utah Legislature is expressed in a declaration that "If water is to be stored in an underground area or basin" the application to appropriate the water shall follow certain requirements as to the point of the area of intake, location of the basin, and points of collection therefrom.675 The Washington ground water statute defines "artificially stored ground water" as water made available in ground storage artificially, either intention- ally or incidentally to irrigation and that otherwise would have been dissipated by natural waste. Artificially stored ground waters that have been abandoned or forfeited are declared to be public and subject to appropriation.676 Reservoir Functions On-channel versus off-channel storage.-An on-channel reservoir is physi- cally a part of the watercourse. Hence, one of its functions-in many instances the only one-is (a) to withhold from the natural flow of the stream the rightful supply of water to be stored, while (b) allowing the excess to flow down the stream channel to rightful claimants below, and (c) to release its stored waters into the stream for pickup at the project's downstream diversion headgates. If this is a multiple-purpose project, other obligations may be added, such as flood control and hydroelectric development. The engineering features of an off-channel storage reservoir differ from those of one constructed across the watercourse. The irrigated lands (a) may be 672Cal. Admin. Code, tit. 23, § § 688 and 689 (1969). 673Tex. Rev. Civ. Stat. Ann. art. 7470 (Supp. 1970). 674Tex. Rev. Civ. Stat. Ann. art. 7880-3c-B (1954). 675 Utah Code Ann. § 73-3-2 (1968). 676 Wash. Rev. Code § § 90.44.035 and 90.44.040 (Supp. 1961). |