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Show 748 GROUND WATER RIGHTS IN SELECTED STATES award the use of water on the basis of the following preferences: (1) domestic and municipal use; (2) industrial use, other than the development of hydro- electric power; (3) irrigation; (4) development of hydro-electric power; (5) pleasure and recreation. The directors of each district may withdraw water from an inferior use for a superior use. Whenever vested rights will be affected by such withdrawal, the withdrawal must be made after condemnation pro- ceedings.394 Districts are organized after petition of landowners in the area to be in- cluded therein.395 When the land to be included in the district is one county, the formation of the district shall be considered and ordered by the State Board of Water Engineers (Texas Water Rights Commission).396 UTAH Classification of Ground Water Historically in ground water law, distinctions have been made according to occurrences of the following waters: (1) definite underground streams, having the same characteristics as a watercourse on the surface-a definite stream flowing in a definite channel from a definite source of supply; (2) underflow or subflow of a surface stream, constituting the subsurface portion of a water- course, the whole of which comprises waters flowing in close association both on and beneath the surface; and (3) percolating water, comprising all ground water not included in the two previous categories. The legislature and courts of Utah have followed the modern trend of regarding all water in the part of the earth known as the zone of saturation as ground water and have reached the stage of applying, with one minor variation, the appropriation doctrine to all water in the ground. Appropriation of Ground Water Ground Water Subject to Appropriation Doctrine The Legislature of the State of Utah has declared "all waters in this state, whether above or under the ground," to be public property, "subject to all existing rights to the use thereof."397 In Riordan v. Westwood, the Utah Supreme Court summarized this legisla- tive declaration by saying, "[I]t is clear that the legislature intended, as far as it was legally possible, to declare all waters of the state whether under or above 394Id. art. 7880-4a. 39SId. art. 7880-10. 396Id. art. 7880-13. 397UtahCode Ann. § 73-1-1 (1968). |