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Show Chapter 18 OTHER WATERS AT THE SURFACE SALVAGED AND DEVELOPED WATERS Physical Distinctions Salvaged waters are parts of a particular stream or other water supply that have been lost, as far as any beneficial use is concerned, to any of the established users, but are saved from further loss from the supply by artificial means and so are made available for use.1 Developed waters, on the other hand, are new waters which prior to the work of the developer were not part of the source of supply,2 but are added to a stream or other source or area by artificial means.3 In a Colorado case the court said, "The flow may have been hastened, but it was not augmented." The doctrine of developed waters does not apply to the mere removal of obstructions or hastening of the flow, but only to the adding of a new supply to the stream-one that otherwise would not have been there.4 And the Oregon Supreme Court has said, "We do not think that any new water was developed. The construction of the drains merely accelerated the flow of seepage and waste water back into the river, but no new water was developed."5 Hence, salvaged waters are already in the area or close to it and are saved and restored to the supply within the area by artificial means; developed waters are not present in the area until brought there by means of artificial devices.6 The waters of the two classes are similar in that in both cases the water is made available as a result of artificial work and artificial devices through the efforts of man.7 Rights of Use The rights to use both salvaged and developed waters are governed by the same general rule; namely, that the person who makes such water available is lBig Cottonwood Tanner Ditch Co. v. Shurtliff, 56 Utah 196,189 Pac. 587 (1919). 2Silver King Consol. Min. Co. v. Sutton, 85 Utah 297, 307, 39 Pac. (2d) 682 (1934). 3Cardelli v. Comstock Tunnel Co., 26 Nev. 284, 293-295, 66 Pac. 950 (1901). ABieser v. Stoddard, 73 Colo. 554, 562-564, 216 Pac. 707 (1923). 5 Jones v. Warmsprings In. Dist., 162 Oreg. 186, 202, 91 Pac. (2d) 542 (1939). 6 Vernon In. Co. v. Los Angeles, 106 Cal. 237, 253, 39 Pac. 762 (1895). 7For a discussion of storage waters, see, in chapter 7, "Storage Water Appropriation" regarding appropriate water rights and, in chapter 10, "Exercise of the Riparian Right-Storage of Water." (565) |
