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Show CHANGE IN EXERCISE OF WATER RIGHT 625 Point of Diversion Legislation With the exception of Alaska, Arizona, and Texas, the water rights statutes of the appropriation doctrine States specifically authorize appropriators to change their points of diversion of the water. In these three excepted States, the right is expressly or impliedly recognized by the judiciary. In the majority of the States, such change requires prior approval of the State water administrative agency. In most of these, some kind of procedure is prescribed, often including findings and hearings of objections. California specifies a detailed compulsory procedure for changes in rights acquired under the Water Commission Act and of the Water Code which succeeded it, such rights being administered under the State Water Resources Control Board. With respect to California appropriations otherwise made, there is simply a statutory authorization carrying a requirement that no injury be inflicted upon others.152 In Colorado, a person desiring a determination with respect to a change in point of diversion may obtain a decree from the water judge or his designated referee.153 Many statutes impose a specific condition that the right of change may be exercised only if there is no impairment of other existing water rights. In some, a finding to this effect by the State administrator is required. Nevada requires a finding that the proposed change will not tend to impair the value of existing rights or to be otherwise detrimental to the public welfare.154 Colorado authorizes a decree permitting the requested change if it appears that the rights of others will not be injuriously affected or that the imposition of terms and conditions will prevent such injury.155 In Idaho, a requested change may be approved in whole or in part, or upon conditions, provided no other water rights are injured thereby and the change does not constitute an enlargement in dealing with such matters include "Water Resources and Economic Development of the West," Report No. 10, "Water Transfer Problems," and "International River Basin Development," Conf. Proc, Comm. on Econ. of Water Resources Devel. of the Western Agr. Econ. Research Council (Las Vegas 1966); Trelease, F. J., and Lee, D. W., "Priority and Progress-Case Studies in the Transfer of Water Rights," 1 Land and Water Law Rev. 1 (1966); Trelease, F. J., "Transfers of Water Rights-Errata and Addenda-Sales for Recreational Purposes and to Districts," 2 Land and Water Law Rev. 321 (1967); Ellis, W. H. "Water Transfer Problems: Law," in Kneese, A. V., and Smith, S. V., eds., "Water Research", p. 233 (1966); Comment, "Water Law-Legal Impediments to Transfers of Water Rights," 7 Natural Resources Jour. 433 (1967); Trelease, F. J., "Changes and Transfers of Water Rights," 13 Rocky Mt. Mineral Law Inst. 507 (1967); Hartman, L. M., and Seastone, D., "Water Transfers: Economic Efficiency and Alternative Institutions" (1970). 15aCal. Water Code § § 1700,1706 (West 1956), and 1701-1705 (West Supp., 1970). 1S3Colo. Rev. Stat. Ann. § § 148-21-3(11) and 148-21-18 to 148-21-21 (Supp. 1969). 1S4Nev. Rev. Stat. § 533.370 (Supp. 1967). lssColo. Rev. Stat. Ann. § 148-21-21 (Supp. 1969). 450-486 O - 72 - 42 |
