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Show 640 GROUND WATER RIGHTS stream where ground water withdrawals have constituted the principal water usage for at least 15 years prior to January 1, 1965.63 A designated ground water basin is a basin determined by the Ground Water Commission and based on actual water bearing geological formations, including their boundaries, estimated quantity stored in such formation, and estimated annual rate of recharge.64 If any user wants to withdraw designated ground water, he must first obtain a permit from the Ground Water Commission.65 Relative rights among all users in the basin, including permittees and those exercising their rights prior to passage of the act, are governed by priority of appropriation.66 This act appears to change Colorado law with respect to those waters in a designated basin that are not tributary to a watercourse. These waters are subject to appropriation under a permit system. Most ground waters will be tributary, since the basin is designated on the basis of the presence of water bearing geological formations. The act does not, however, exclude from the category of designated ground waters those ground waters found within the geographic perimeter of a basin but not within the geologic formation. It would appear that any ground water found within these designated basins not excluded as previously mentioned is designated ground water. Hawaii In Hawaii there are few cases litigated dealing with water rights. While the Hawaiian courts have recognized a distinction between ground water flowing in definite channels and percolating waters, they have not elaborated upon the significance of the distinction. Nor have they clarified the rules with respect to withdrawals of percolating waters.67 Idaho Prior to 1951, Idaho's law on percolating ground water was somewhat uncertain. In 1922, the court considered a case in which the issue was whether or not a company selling percolating ground water was actually selling public water and was therefore a public utility.68 Holding for the company, the court ruled that these waters were not public waters and observed that percolating ground water was not subject to appropriation.69 In a 1931 case concerning 63Id. § 148-18-2(3). 64Id. § 148-18-5. "Id. § 148-18-6. 66 Id. § 148-18-8. 67Hutchins, W. A., "The Hawaiian System of Water Rights" 172-190 (1946). Legislation affecting percolating waters is discussed later under "Designated Critical or Other Ground Water Areas-Hawaii." 68Public Util. Comm'n v.Natatorium Co., 36 Idaho 287, 211 Pac. 533 (1922). 69211 Pac. at 535. |