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Show ELEMENTS OF THE APPROPRIATIVE RIGHT 543 (2) In its list of preferences, the Kansas water rights statute places recreation next to last, ahead of waterpower.527 That of Texas relegates recreation and pleasure to seventh place, followed only by other unspecified beneficial uses.528 (3) The Nevada statutes provide that the use of water "for any recreational purpose, is hereby declared a beneficial use."529 (4) The supreme courts of Montana and New Mexico rejected claims that beneficial uses of public waters did not include "swimming pool or fish pond" and "recreation and fishing," respectively.530 (5) In the list of beneficial uses which must be considered by the administrative agency of Oregon in determining whether a proposed use of water would be detrimental to the public interest, the water rights statute includes "public recreation" and "scenic attraction."531 In a series of legislative enactments, certain Oregon waters have been specifically withdrawn from appropriation for purposes including "maintaining and perpetuating the recreational and scenic resources of Oregon."532 Utah legislation authorizes the Governor to withdraw particular waters from appropriation.533 Idaho legisla- tion employs a different approach. It authorizes and directs the Governor to appropriate, in trust for the people, all or so much of the unappropriated water of certain lakes as may be necessary for their preservation for scenic beauty, health, recreation or other specified purposes. The legislation provides, among other things, that no proof of completion of any works of diversion shall be required.534 Colorado legislation authorizes river conservancy districts to "file upon and hold for the use of the public" sufficient water to maintain a constant streamflow to preserve fish and for use in retaining ponds for fish 527Kans. Stat. Ann. § 82a-707 (1969). 528Tex. Rev. Civ. Stat. Ann. art. 7471 (Supp. 1970). 529Nev. Rev. Stat. § 533.030 (Supp. 1969). S30Osnes Livestock Co. v. Warren, 103 Mont. 284, 300-302, 62 Pac. (2d) 206 (1936); State ex rel. State Game Comm'n v. Red River Valley Co., 51 N. Mex. 207, 218, 182 Pac. (2d) 421 (1945). Regarding public fishing rights in Montana, see the discussion of Paradise Rainbows v. Fish and Game Comm'n, 148 Mont. 412, 421 Pac. (2d) 717 (1966), cited in chapter 7, note 900. 531Oreg. Rev. Stat. § § 537.170(3)(a) (Supp. 1969) and 543.225(3)(a) (Supp. 1965). 532Oreg. Rev. Stat. § § 538.110-.300 (Supp. 1967). S33Utah Code Ann. § § 73-6-1 and 73-6-2 (1968). The Oregon and Utah legislation, and Washington legislation regarding the establishment of minimum streamflows or lake levels, Wash. Rev. Code §§ 90.40.030 and 90.40.040 (Supp. 1961), are discussed in chapter 7 under "Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water-Preferences in Water Appropriation-Acquisi- tion of rights to appropriate water-(3) Withdrawal of unappropriated water from appropriation." 534Idaho Code Ann. §§ 67-4301 to-4306 (1949). |