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Show 546 THE APPROPRIATIVE RIGHT Idaho.-Use of water during the winter for the purpose of overflowing lands so that the water might freeze and form an icecap and thus be conserved for later use was held to be not a beneficial use. It had been claimed that the formation of the icecap, sometimes to a depth of several feet, was very beneficial in that the moisture was retained by the soil into the summer, thereby considerably aiding plant growth. Both the referee and the trial court found that this was not a beneficial use. The Idaho Supreme Court sustained this finding because the evidence, while conflicting, was sufficient to support it.547 Nevada-Idaho.-In the adjudication of rights to the use of waters of a stream system originating in Nevada and flowing into Idaho, the allowance of water for irrigating pasture land was one-half the quantity awarded to cultivated hay and grain land. However, there were high-lying areas of pasture land on which water was turned loose over sagebrush land for the purpose of increasing growth of the native grasses among the sagebrush. It was found that these grasses were sparse and that their growth was not greatly promoted. For these reasons, the Federal court found that the use of water was not beneficial, and hence refused to allow a water right therefor.548 Oregon.-In a stream system adjudication in Oregon, it was held that an allowance of 30 second-feet for the purpose of carrying off debris during the irrigation season would not be a beneficial use of the water, because it would be equivalent to depriving about 1,600 acres of water for irrigation. The court believed, however, that such use during the nonirrigating season, when the river waters were not desired for storage purposes, would be a beneficial use of the water.549 Sale, Rental, or Distribution of Water A Public use The constitutions of several States contain declarations to the effect that the use of water appropriated for sale, rental, or distribution is a public use.550 Oregon has a statutory declaration to this effect.551 "It is undoubtedly true that the diversion and distribution of water for irrigation and other domestic purposes in New Mexico, and other Western States where irrigation is necessary, is a public purpose."552 ^Blaine County Investment Co. v. Mays, 49 Idaho 766, 773, 291 Pac. 1055 (1930). 548 Vineyard Land & Stock Co. v. Twin Falls Salmon River Land & Water Co., 245 Fed. 9, 21-22 (9th Cir. 1917). 549In re Destitutes River & Tributaries, 134 Oreg. 623, 665-668, 286 Pac. 563, 294 Pac. 1049(1930). 550Cal. Const., art. XIV, § 1; Idaho Const., art. XV, § 1, Mont. Const., art. Ill, § 15. 5S1Oreg. Rev. Stat. § 541.010(1) (Supp. 1969). 552Albuquerque Land & In. Co. v. Gutierrez, 10 N. Mex. 177, 231, 61 Pac. 357 (1900), affirmed, 188 U. S. 545 (1903). |