OCR Text |
Show 644 EXERCISE OF THE APPROPRIATIVE RIGHT to review decision. No detriment to existing rights. (2) Place of use, addi- tional requirement. For prescribed causes only, without loss of priority.257 Texas.-None. Utah.-Point of diversion, place of use, or purpose of use. Requires State Engineer approval, subject to judicial review. No vested right to be impaired without just compensation, (l) Permanent change. Procedure same as for appropriating water. (2) Temporary change, fixed period not exceeding one year. Investigation and order by State Engineer. If possibility of impairing vested rights, applications may be approved as to part of the water involved or upon condition that such conflicting rights be acquired.258 Washington.-(1) Permanent change, (a) Place of use. Without loss of priority if no detriment to existing rights, (b) Point of diversion or purpose of use. No detriment to existing rights, (c) In every case, requries State administrative approval, application to be published as in case of appro- priating water. (2) Temporary or seasonal change of point of diversion of place of use. Requires administrative approval. No detriment to existing rights.259 Wyoming.- (1) Point of diversion from another State, on an interstate stream that enters Wyoming, to a location within Wyoming. Requires administration approval, after public hearing, subject to appeal to court. By virtue of 1965 legislation, similar requirements expressly apply to changing the diversion point by anyone having heretofore acquired a right to beneficially use any stream in the State. (2) Place of use or purpose of use. With various exceptions,260 water rights for direct use of natural unstored streamflow cannot be detached from the lands, place, or purpose for which acquired. Reservoir water rights, unless attached by deed or other instrument of conveyance to particular lands, may be transferred and used on other lands and for other purposes.261 EFFICIENCY OF PRACTICES In diverting, conveying, distributing, and using water, the appropriator is held to reasonable efficiency-not absolute efficiency.262 The reasonableness of efficiency of his practices is measured largely in the more careful decisions by the higher standards prevalent in the community, with some evidence of a tendency to encourage improvements in standards when it can be done without excessive financial burden on the water users. "These features with relation to 2S7S. Dak. Comp. Laws Ann. § § 46-5-24 and46-5-31 to 46-5-36 (1967). 2S8Utah Code Ann. § 73-3-3 (1968). 2S9Wash. Rev. Code § § 90.03.380 and 90.03.390 (Supp. 1961). 260Which are summarized in note 206, supra. 261Wyo. Stat. Ann. § § 41-2 to -10, -19 to -25, -37 (1957), -10.1 to -10.4, and -213 (Supp. 1969). 262See in chapter 8 "Elements of the Appropriative Right-Measure of the Appropriative Right-Other Terms Associated With Beneficial Use." |