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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 365 Disposal of Impounded Water Water rights statutes of several States make provision for the disposal of water stored in excess of the needs of the reservoir owners. The owners of the storage (or diversion or distribution) works are required to deliver the excess at reasonable rates to parties entitled to put it to beneficial use.696 In several of these States, a reservoir owner who refuses to deliver such excess water at reasonable rates as determined by the State administrator may be compelled to do so by the appropriate court. The Wyoming statute contains many provisions relating to reservoirs and storage of water. With respect to the instant subtopic, an early enactment-still in the statute-prohibits the owner of a ditch, canal, or reservoir from receiving a royalty for the use thereof. It further declares that those furnishing surplus waters to others shall be considered common carriers, subject to the same governing laws as such carriers.697 A later Wyoming enactment provides that those who impound more water than they necessarily use on or in connection with their own lands shall deliver the excess to owners of lands capable of using such water and who apply therefor. On refusal to comply, the owners may be compelled by court proceedings to do so. A user of such water in any particular year has preference to the same for the next following year. On application of any interested party, a board of special commissioners is constituted consisting of the State Engineer, water commissioner, and water superintendent having jurisdiction of the area in question. Its purpose is to establish reasonable maximum rates after notice and hearing.698 Proceedings followed by one such Wyoming board of special commissioners were litigated in a 1956 case.699 A general observation made by the court was that the basic right to store reservoir water for irrigation proposed under the statute depends upon provisions for use of the water by the holders of primary permits, by the holders of secondary permits, and by the owners of other lands lying under and capable of being irrigated from the reservoir, in the order named. These provisions for furnishing excess stored water to applicants on a public utility basis are aside from those sections providing for the sale and lease of portions of the overall right to the use of waters impounded in a reservoir.700 696 N. Mex. Stat. Ann. § 75-5-16 (1968); N. Dak. Cent. Code Ann. §§ 61-04-03 and 61-04-17 (1960); Okla. Stat. Ann. tit. 82, § 101 (1970); S. Dak. Comp. Laws Ann. § 46-7-1 (1967). 697Wyo. Stat. Ann. § 41-47 (1957). 698Id. § 41-39. 699Lake De Smet Reservoir Co. v. Kaufmann, 75 Wyo. 87, 93-103, 292 Pac. (2d) 482 (1956). 700 Wyo. Stat. Ann. § § 41-28, -33, -34, -37, and -38 (1957). |
