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Show 336 SUMMARIES OF THE STATE WATER RIGHTS SYSTEMS held that the expressed purpose of the legislature was to limit the right of appropriation for irrigation to the waters of natural streams, which excluded strictly artificial creations such as drainage ditches.26 The priority of an appropriation dates from the filing of the application in the office of the Department of Water Resources.27 Purposes of use of water specifically named are irrigation, agriculture, domestic, manufacturing, and power, in addition to beneficial use and useful purposes generally.28 Intend- ing appropriators include "The United States of America and every per- son."29 Agricultural appropriators of less than the statutory limit of direct flow may make such additional appropriations within the statutory limit as may be necessary for crop production in the practice of good husbandry, the priority of which shall date from the date of application therefor.30 No application to appropriate water is exclusive with respect to any of the lands included therein until the owner or owners formally consent thereto. No appropriation made or canal constructed before the water is applied and the appropriation perfected or before consent is filed prevents other appro- priations from being allowed and other canals constructed to irrigate the same lands.31 Special provisions apply to appropriations for storage. Applications are made in the same manner and under the same rules and regulations as those for direct use of the water. On approval, the applicant may impound water not otherwise appropriated and any appropriated water not needed for immediate use; but he may not impound water while it is required in ditches for direct irrigation or for reservoirs holding senior rights. Any person proposing to apply to beneficial use the stored water files an application with the Department. The owner of the reservoir has the preferred right to make such application for a period of 6 months from the time set for completion of the reservoir. Other applicants must acquire appropriate inter- ests in the reservoir.32 A reservoir constructed for the purpose of holding back and raising water to a higher level in order to effectuate an appropria- tion is not to be considered a storage reservoir, but must be described in an (Continued) noted later under "Riparian Doctrine." There is no limiting provision in the present statute, §46-259. 26 Drainage Dist. No. 1 of Lincoln County v. Suburban In. Dist., 139 Nebr. 460, 468-471, 298 N.W. 131 (1941). "Nebr. Rev. Stat. §46-205 (1974). 28Id. §46-201,-204,-209, and-234. 29Id. §46-233. The 1889 law authorized appropriations by any person or persons, company or corporation organized under the laws of Nebraska. Nebr. Laws 1889, ch. 68. 30Nebr. Rev. Stat. §46-240.01 (1974). With respect to the statutory limits, see §46-231, discussed at note 162 infra. 31 Id. §46-234. 32Id. §§46-241 and-242. |
