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Show 742 GROUND WATER RIGHTS IN SELECTED STATES Each permitted appropriation must allow for a reasonable lowering of the static water level at the appropriator's point of diversion, considering the eco- nomics of pumping water for the general type of crops grown in the area and the effect of water use on the economy of the area.358 In any basin, or portion thereof, where it appears that the average annual replenishment may not be adequate for all permittees and vested-right claim- ants, the State Engineer may order that withdrawals be restricted to conform to priority rights.359 In any basin, or portion thereof, designated by the State Engineer, he may restrict drilling of wells if he determines that additional wells would cause an undue interference with existing wells, subject to review by the appropriate district court.360 In the event the State Engineer determines that the ground water in a designated basin is in his judgment being depleted, he is empowered to make such rules, regulations, and orders as he deems essential for the welfare of the area. He is expressly authorized to: designate preferred uses in these areas; issue temporary permits to appropriate ground water, which permits may be revoked when water can be furnished by a water supplier; deny applications to appro- priate ground water when the area is served by a water supplier; limit the depth of domestic wells; or prohibit the drilling of domestic wells when the area is served by a water supplier.361 Any ground water rights may be forfeited for failure to beneficially use the water for 5 successive years. Such water reverts to the public and is available for further appropriation, subject to existing rights.362 Any right to use ground water may also be abandoned.363 TEXAS Characteristics of Ground Water Definition Groundwater is water under the surface of the ground, other than under- flow, whatever may be the geological structure in which it is standing or moving.364 3i*Id. § 534.110. 359Id. 361 Id. § 534.120. 363Id. § 534.090(1). 363Id. § 534.090(2). 364 Tex. Water Rights Comm'n, "Rules, Regulations and Modes of Procedure," rule 115.1(h) (1970 Rev., Jan. 1970). |