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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 537 of livestock are "artificial" or less preferential purposes.489 This association of domestic use with watering of farmstead domestic animals, but not with commercial herds of stock, was carried over into the appropriation doctrine. The rules and regulations of the California Water Resources Control Board define "domestic uses" as including "the incidental watering of domestic stock for family sustenance." "Stockwatering" use is use of water for commercial livestock, while repeating that "Water for domestic stock shall be considered a domestic use."490 The rules and regulations of the Texas Water Rights Commission define "domestic use" as including "the watering of domestic animals." "Livestock use" is the watering of "livestock connected with farming, ranching or dairy enterprises." "Stockraising use" is the watering of "livestock connected with the operation of a commercial feedlot."491 The Idaho water rights statute defines "domestic purposes" as including water for household, "and a sufficient amount for the use of domestic animals kept with and for the use of the household."492 The Texas statute gives highest preference to "domestic and municipal uses, including water for sustaining human life and the life of domestic animals."493 And the current South Dakota water appropriation statute, in defining "domestic use," ends with the flat statement that "Stockwatering shall be considered a domestic use."494 An application to appropriate water in Oregon included a specific quantity for "domestic and farm power purposes and domestic supplies." The applicant had a dairy farm on which he kept milk cows, horses, and hogs. The Oregon Supreme Court held that the application for domestic purposes properly included the average number of these domestic animals.495 Although, therefore, some conflict unquestionably exists, the weight of authority appears to be that in the appropriation doctrine, as well as the riparian, domestic use includes watering of domestic farm animals immediately concerned with the family life, but not the watering of large numbers of livestock utilized as a farm business. Stockwatering Watering of livestock was a daily task at the early settlements in the far West performed by immigrants who came from the East and Middle West and ""'Hutchins, Wells A., "The California Law of Water Rights," pp. 235-237 (1956). 490Cal. Admin. Code, tit. 23, § § 661 and 668 (1969). 491 Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rules 115.1(s), (t), and (ff) (1970 Rev., Jan. 1970). 492Idaho Code Ann. § 42-111 (1948). 493Tex. Rev. Civ. Stat. Ann. art. 7471 (Supp. 1970). 494S. Dak. Comp. Laws Ann. § 46-1-6(4) (1967). 495/n re Schollmeyer, 69 Oreg. 210, 212, 216, 138 Pac. 211 Q914). |