| OCR Text |
Show 364 APPROPRIATION OF WATER The section of the Wyoming statute that provides for furnishing excess stored water to applicants contains a provision reading that: "Nothing contained in this section shall be construed to deny the right to store water for use for more than one year."688 The rules and regulations of the California State Water Resources Control Board recognize the right of storage carryover in a requirement that a proposal in an application "to store more than one year's supply in a reservoir in order to secure cyclic or holdover storage" must state the maximum quantity of water to be stored in any one year and the maximum to be withdrawn annually.689 Some small storages.-In several States, special provision is made for small reservoir storages, chiefly for domestic and livestock purposes. Some examples follow. Provisions relating to appropriation of water in the New Mexico law do not apply to stockmen or stockowners who construct water tanks or ponds for storing water with capacity of 10 acre-feet or less.690 And the declaration that water sources are free for all travelers to take water for the use of themselves and their animals does not apply to wells, nor to ponds or reservoirs constructed by persons for their own use.691 People living in the upper valleys of stream systems have the right to impound and utilize a reasonable share of the waters originating there. Exercise of the right is subject to the appropriation laws.692 An Oregon statute enacted in 1961 authorizes a single application for stock ponds or other small reservoirs where there is no contemplated diversion of water from the reservoir nor any requirement for continued flow through the ponds.693 The South Dakota "dry draw" law contemplates storage of floodwaters for irrigation or livestock purposes on ravines "not having an average daily flow of at least 0.4 cubic feet per second" from May 1 to September 30, inclusive. One who takes advantage of this authorization adhers to certain formalities in filing a location certificate in the county records. If he desires a certificate from the State, he may obtain one by taking prescribed steps.694 In Texas, a permit is not required for construction on one's own property of a dam or reservoir to contain not more than 200 acre-feet of water for domestic and livestock purposes.695 688 Wyo. Stat. Ann. § 41-39 (1957). 689Cal. Admin. Code, tit. 23, § 670(b)(5) (1969). 690 N. Mex. Stat. Ann. § 75-8-3 (1968). 691 Id. § 75-1-4. 692Id. § 75-5-27. 693Oreg. Laws 1961, ch. 187, Rev. Stat. § 537.300(2) (Supp. 1969). 694 S. Dak. Comp. Laws Ann. § § 46-1-6, 46-4-1 to 46-4-8 (1967). 69sTex. Rev. Civ. Stat. Ann. art. 7500a (Supp. 1970). |
