| OCR Text |
Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 427 (2) Preferences regarding location of land. Restrictions against allowing di- versions of water from one watershed into another or to the injury of persons living in the areas of origin appear in some western statutes. This matter is con- sidered in chapter 8 under "Elements of the Appropriative Right-Diversion of Water from Watershed or Area of Origin." (3) Withdrawal of unappropriated water from appropriation. (a) Oregon. In a series of enactments, certain waters of the State have been withdrawn from appropriation by the legislature. The purposes are, variously, maintenance and perpetuation of the recreational and scenic resources of Oregon; establishment of State parks, maintenance and perpetuation of game fish and game fish propagation; service of domestic, stock, municipal, and irrigation purposes.980 The State Water Resources Board of Oregon may order unappropriated waters withdrawn from appropriation when deemed necessary to insure compliance with the State water resources policy or to otherwise serve the public interest. The order of withdrawal, issued after notice and hearing, particularly specifies the waters withdrawn, the uses for which withdrawn, duration of withdrawal, and reasons therefor. The order may be modified or revoked at any time. While the order is in effect, no application to appropriate the waters for the specified uses will be received.981 (b) Utah. When, in the judgment of the Governor and the State Engineer, the welfare of the State demands it, the Governor of Utah by proclamation may suspend the right of the public to appropriate surplus waters of any stream or other source of water supply. This is for the purpose of preserving such unappropriated waters for use by irrigation districts and organized water users, "or for any use whatsoever." Waters withdrawn from appropriation may be restored by the proclamation of the Governor upon recommendation of the State Engineer. Applications to appropriate such water may not be filed during the period of withdrawal.982 (c) To permit investigations by the United States. As stated earlier under "Who May Appropriate Water-Governmental Agencies Other than Districts- The United States," statutes of several States authorize the withdrawal of waters from general appropriation for certain periods of years in order to 980Oreg. Rev. Stat. § § 538.110-.300 (Supp. 1967). For a different approach (appropriation of the unappropriated water of a lake by the governor in trust for the people), see Idaho Code Ann. § 67-4301 (1949), discussed in chapter 8 under "Elements of the Appropriative Right-Purpose of Use of Water-Other Purposes of Use of Water-Recreation." Regarding possibilities of denying or restricting individual water appropriations so as to protect recreational and other uses or interests, see the above discussion under "Restrictions on the Right to Appropriate Water-The question of detriment to the public welfare." 981Oreg. Rev. Stat. § 536.410 (Supp. 1969). 982 Utah Code Ann. § § 73-6-1 and 73-6-2 (1968). |
