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Show 556 THE APPROPRIATIVE RIGHT the water rights act.579 Colorado still delegates this authority to the boards of county commissioners, which was formerly general practice in the West.580 As stated in chapter 7 under "Methods of Appropriating Water of Watercourses-Storage Water Appropriation," water rights statutes of New Mexico, North Dakota, Oklahoma, and South Dakota provide that surplus waters over the needs of appropriators in "storage, diversion, or carriage" works must be delivered, at reasonable rates, to any person entitled to its use.581 In the last three named States, determination of the reasonableness of rates is vested in the water rights administrator and enforcement in the courts. New Mexico leaves both determination and enforcement to the judicial process. The Montana water rights statute authorizes the sale of surplus water, and requires it to be sold at "the usual and customary rates per inch" to the person entitled thereto who tenders payment. Enforcement may be effectuated by the latter in an action at law or in equity ,582 Two Wyoming statutes respecting the disposal of surplus stored waters are also noted at this point in chapter 7. One statute prohibits receipt of a royalty for the use of water facilities, and classes those who furnish surplus water to others as common carriers. The other provides for (a) delivery of excess impounded waters to applicants, enforcement to be compelled by court proceedings; and (b) on application of any interested party, creation of a temporary board of special commissioners consisting of the State Engineer, water commissioner, and local water superintendent, for the purpose of establishing maximum reasonable rates for the waters in dispute.583 Value of water right as element of rate base. -Field studies of irrigation enterprises published in 1930 and 1953 revealed instances in which valuations of water rights were included in rate bases of companies in which ownership of water rights was vested, but none in those of enterprises the water rights of which were held by the water users. It was found that on the whole, State commissions were averse to placing substantial values on water rights beyond S79Tex. Rev. Civ. Stat Ann. art. 7563 (1954). Historically, all Texas statutes authorizing appropriation of water likewise authorized formation of corporations for the purpose of supplying water to lands along their canals. The first water administration statute, enacted in 1913, created a Board of Water Engineers to supervise acquisition of water rights, and also vested the Board with regulation of rates for water supplies to users. This is discussed at some length in Hutchins, Wells A., "The Texas Law of Water Rights," pp. 266-283 (1961). In 1962, the Board of Water Engineers was succeeded by the Texas Water Commission, since renamed the Texas Water Rights Commission. 580Colo. Rev. Stat. Ann. § 148-8-1 et seq. (1963). 581N. Mex. Stat. Ann. § 75-5-16 (1968); N. Dak. Cent. Code Ann. §§ 61-04-03 and 61-04-17 (1960); Okla. Stat. Ann. tit. 82, § 101 (1970); S. Dak. Comp. Laws Ana § 46-7-1 (1967). 582 Mont. Rev. Codes Ann. § § 89-823 to -826 (1964). 583Wyo. Stat. Ann. § § 41-47 and-39 (1957). |
