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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 529 The California Supreme Court concluded that a policy of eliminating the irrigation of low-duty crops from a classification of purposes sufficiently beneficial to be the foundation of an appropriative right would be a legislative question, not one for the judiciary. It was contended in the instant case that rice growing requires such an excessive quantity of water, as compared with any other crop, that it practically amounts to a waste; that rice cultivation should not be tolerated in California, where water for other crops and uses is so indispensable and so scarce. "It may be," said the court, "that under these circumstances rice culture in this state should not be encouraged, or that, in the exercise of the police power, the use of waters of the state in that business might be lawfully forbidden. But that is a legislative question which the court cannot consider. The making of such a rule is beyond our power."455 In another California case involving rice culture under irrigation, it was held that "beneficial use of water upon lands, and the possibility of the land owner making a profit upon the crops raised by means of irrigation upon his lands, are not one and the same thing."456 (4) Minor streams in South Dakota. Special procedure is provided for acquiring rights to the use of minor streams known as "dry draws" for purposes of irrigation and stockwatering. Somewhat comparable procedure in North Dakota was repealed in 1963.457 (5) Oklahoma was unique among the Western States in providing, as construed by the supreme court, that hydrographic surveys and adjudications of existing rights were conditions precedent to issuance of permits for irrigation purposes. This, however, was not required with respect to develop- ment of water power,458 and, since 1963, is no longer required for appropri- ating water for irrigation or other purposes.459 (6) The period of use of water is important in connection with an appropriative right for irrigation purposes. The irrigation season in the Southwest is long, lasting in some sections throughout most or all of the year. However, in most western regions the season ordinarily lasts 5 to 7 months. The same crop is not necessarily irrigated on a single farm throughout the irrigation season. For example, in some areas alfalfa may be irrigated at intervals from spring into the fall, whereas grain might be irrigated only into June and sugar beets only from then on. And in parts of the Southwest, citrus groves may be watered throughout the year-even in December and January. It wAntioch v. Williams In. Dist., 188 Cal. 451,467468, 205 Pac. 688 (1922). 456Nelson v. Anderson-Cottonwood In. Dist., 51 Cal. App. 92, 96,196 Pac. 292 (1921). 457S. Dak Comp. Laws Ann. §§ 46-1-6 (3) and 46-4-1 to 46-4-8 (1967); N. Dak. Cent. Code Ann. § 61-04-18 to 61-04-21 (1960), repealed, Laws 1963, ch. 419, § 7. ™Gay v. Hicks, 33 Okla.675, 124 Pac. 1077 (1912); Owens v. Snider, 52 Okla. 772, 153 Pac. 833 (1915); Grand-Hydro v. Grand River Dam Authority, 192 Okla. 693, 139 Pac. (2d) 798 (1943). 459 Okla. Stat. Ann. tit. 82, § § 11 and 12 (1970). 450-486 O - 72 - 36 |