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Show 272 IDAHO (2) Developed waters.-These are waters which, in their natural state, are not a part of a watercourse and are not subject to existing rights. It is water made available and developed through the efforts of the developer,110 and the party developing the water is entitled to use this additional supply.111 (3) Wastewater.-A user of waste water from the land of another appropriator acquires no right to compel the other user to continue to waste water for his benefit, absent a grant from the owner.112 However, under Idaho statute, seepage or wastewater may be appro- priated 113 subject to the right of the owner to cease wasting it, or to make a good faith change in the manner of use, or to recapture it and place it to beneficial use.114 The upland owner's control of the water is not dependent upon continuous, actual possession of the water.115 (4) Return water.-As noted above under the discussion of changes and transfers of rights, a downstream appropriator is en- titled to have stream conditions and flow patterns maintained sub- stantially as they were at the time he made his appropration, and a proposed change by an upstream user which would reduce or alter the pattern of return flow, and thus deprive the lower user of water, is prohibited.116 This statement is subject to the caveat that if the upstream practice is wasteful, then the lower appropriator cannot require it to be maintained.117 A Federal district court in Idaho sustained the right of the United States to capture and use the return flow originating from a Federal reclamation project.118 3.5 Storage Waters, Artificial Lakes, and Ponds Applications may be filed to store unappropriated public water in Idaho for subsequent beneficial use.119 So long as sufficient water is bypassed to satisfy prior rights, there is no interference with these rights simply because excess water is impounded in storage.120 3.6 Springs The Idaho statutes provide that the waters of natural springs are State property, and rights may be acquired to these waters by appropriation.121 However, the Department is prohibited from granting appropriation permits on springs which are located solely upon private lands and which are not tributary to watercourses, unless written permission of the landowner is obtained.122 Springs which flow from private land into a watercourse become a part of the watercourse and are subject to appropriation. That is, 1108t. John Irrigating Co. v. Danforth, 50 Idaho 513, 298 Pac. 365 (1931). luNampa & Meridian Irr. Diet. v. Welsh, 52 Idaho 279, 15 P. 2d 617 (1932). ^Colthorp v. Mountain Home Irr. Diet., 66 Idaho 173, 157 P. 2d 1005 (1945). 113 Idaho code, sec. 42-107. ^Sebern v. Moore, 44 Idaho 410, 258 Pac. 176 (1927). u*Bebern v. Moore, 44 Idaho 410, 258 Pac. 176 (1927). 110 Hall v. Blachman, 22 Idaho 556, 126 Pac. 1047 (1912) ; also, see Oartier v. Buck, 9 Idaho 571, 75 Pac. 612 (1904). mColthorp v. Mountain Home Irr. Dist., 66 Idaho 173, 157 P. 2d 1005 (1945). 118 United States v. Haga, 276 Fed. 41 (D. Idaho 1921). 119 Idaho code, sec. 42-202. ™Knutson v. Huggins, 62 Idaho 662, 115 P. 2d 421 (1941). ]» Idaho code, sees. 42-101, 103. 123 Idaho code, sees. 42-212, 213. |