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Show 94 THE RIPARIAN DOCTRINE under construction, all surplus unappropriated flowing water being thereafter subject to appropriation under the statute.491 In Kansas, while common law claimants without vested rights could be enjoined by appropriators from making subsequent diversions, compensation could be had in an action at law for damages proved for any property taken from a common law claimant by an appropriator. In the Kansas and South Dakota laws, domestic uses could be subsequently initiated and are exempt from appropriation permit require- ments, although in Kansas domestic use initiated after the 1945 enactment shall constitute an appropriative right.492 A 1967 Texas statute has restricted the exercise of riparian rights, except for domestic or livestock purposes, to the extent of maximum actual application of water to beneficial use made during any calendar year from 1963 to 1967, or until the end of 1970 if works were under construction before the effective date of the act.493 An Oklahoma statute, copied from an act of the Dakota Territorial Act of 1886, accorded to the riparian landowner the right to use a definite natural stream only while it remained on his land.494 The 1963 legislature so amended this section as to provide, among other things, that the riparian proprietor might use water of a definite natural stream for domestic purposes only while it remains there; all water in excess thereof to be public water subject to appropriation under the statute.495 The statute made provision for protection of priorities based on beneficial use of water theretofore made, dating from initiation of the beneficial use. But no such priority right for a beneficial use initiated after statehood shall take precedence over those for a beneficial use 491Kans. Laws 1945, ch. 390, which was extensively amended by Laws 1957, ch. 539, Stat. Ann. § 82a-701(d) (1969); S. Dak. Laws 1955, ch. 430, Comp. Laws Ann. § 46-1-9 (1967). Under the Oregon legislation, vested tights include prior beneficial use only to the extent that it had not been abandoned for a continuous period of 2 years. Oreg. Rev. Stat. § 539.010 (Supp. 1955). Under the South Dakota legislation, vested rights, except for domestic use, include beneficial use to the extent of the beneficial use made at the time of the 1955 enact- ment or within 3 years immediately prior thereto. This legislation includes the addi- tional qualifications that vested rights include rights granted before July 1, 1955, by court decree, as well as uses of water under diversions and applications of water prior to the 1907 water law and not subsequently abandoned or forfeited. 492 With respect to common law claimants in Kansas, see Kans. Stat. Ann. § § 82a-716 and -717a (1969). See also § 82a-721a. With respect to domestic use in Kansas and South Dakota, see Kans. Stat. Ann. § § 82a-705, -705(a), and -707(b) (1969); S. Dak. Comp. Laws Ann. § 46-1-5 (1967). See the discussion at note 481 supra, regarding domestic use in Oregon. Regarding domestic and stockwatering uses in Oregon, see also Hutchins, supra note 456, at 218-219. 493 Tex. Rev. Civ. Stat. Ann. art. 7542a, § 4 (Supp. 1970). 494Terr. Dak. Laws 1865-1866, ch. 1, § 256, Civ. Code § 255 (1877); Terr. Okla. Stat. 1890, § 4162, Stat. Ann. tit. 60, § 60 (Supp. 1961). 495Okla. Laws 1963, ch. 205, Stat. Ann. tit. 60, § 60 (Supp. 1970). |