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Show 394 APPROPRIATION OF WATER by the court, merged into the question of State rights to the waters of an interstate stream, which is outside the scope of the instant topic. State Statutes: Salient Points Summarized (1) Arizona. Water may be appropriated for projects that overlap the statelines. However, at its discretion, the State department may decline to issue a permit if the proposed point of diversion is within Arizona and the place of use is within another State.842 (2) California. With respect to any stream flowing across the State boundary-but not including interstate lakes, or streams flowing into or out of them-provided the sister State reciprocates: (a) An appropriation of water may be made in California for use in the other State, (b) A right of appropriation with diversion and use in the other State, and recognized by its laws, has the same force and effect as if located in California, except that this does not apply to Walker River and its tributaries in Nevada.843 (3) Colorado. It is unlawful to divert or transport, by any artificial or natural means, the waters of streams or other sources of the State into any other State for use therein. It is the duty of the State officials to carry out this mandate.844 (4) Idaho, (a) Issuance of permits to appropriate water within Idaho for diversion into another State for use therein is prohibited unless the sister State has reciprocal legislation, (b) Special provisions relate to appropriation of public waters of Idaho for use in Oregon, Wyoming, and Nevada.845 (5) Montana, (a) Appropriation of water in the State for use outside the State boundaries requires approval of the legislature, (b) A later act authorizes appropriations by the State of Wyoming, for use therein, on issuance of certificates of appropriation therefor by the Montana State Water Resources Board, provided Wyoming enacts reciprocal legislation.846 (6) Nebraska, (a) On specific legislative authorization, water may be appropriated for diversion or storage in Nebraska and use in an adjoining State which grants reciprocal rights. Application therefor and rights thereunder are governed by the laws of Nebraska, (b) Operators of interstate ditches are required to construct and maintain suitable measuring devices in Nebraska at or near the stateline.847 (7) Nevada, (a) Projects having works or lands located partly in Nevada and partly in another State may appropriate water, provided the sister State authorizes diversions of water therefrom into Nevada, (b) On any stream 842 Ariz. Rev. Stat. Ann. § 45-153 (1956). 843Cal. Water Code § § 1230, 1232 (West 1956), and 1231 (Supp. 1970). 844Colo. Rev. Code § § 148-1-1 and 148-1-2 (1963). 845Idaho Code Ann. § § 42-408, -402, 405 to -407, 409 (1948), 401, 403, 404, and 410 (Supp. 1969). 846 Mont. Rev. Codes Ann. § § 89-846 and 89-809 (1964). 847Nebr. Rev. Stat. §§ 46-233.01,46-233.02,46-213 (1968). |