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Show 428 Mississippi likely that they have priority dates based on the time their applica- tions were filed. They may, therefore, stand on the same footing as the earlier claimants. In any event, unless they filed before December 31, 1958, they would seem to be cut off. Any claim coming in after December 31,1958, must come in as an application for a permit. Here, quite clearly, the language of the statute makes the filing date the priority date. The discussion in the previous paragraph may seem rather legalis- tic, but it must be realized that the great majority of claims recog- nized after the effective date of the act were riparian claims existing at one or another of the times referred to in the statute,88 and con- flicts between them will eventually reach the courts. C. ESTABLISHMENT OF A PERMIT SYSTEM Of paramount current significance is the enactment of the Water Code in 1956 and the method which it provides for acquiring water rights. The Code declares that water occurring in any watercourse is a basic resource of the State and is subject to development and con- trol by the State,39 and defines a "watercourse" as: Any natural lake, river, creek, cut, or other natural body of fresh water or channel having definite banks and bed with visible evidence of the flow or occurrence of water, except such lakes without outlet to which only one landowner is riparian.40 Apart from riparian rights (which are expressly preserved), all water of the type described is exclusively subject to appropriation after the effective date of the act through a permit procedure before the State Board of Water Commissioners. With a few exceptions, permits are issued only for water in excess of the established average minimum streamflow or minimum lake level.41 D. WATER EXEMPT FROM APPROPRIATION Several water sources or uses are expressly exempted from the appropriation system. These are primarily of local interest and are described here only briefly: (1) the definition of the term "water- course" excludes salt water bodies and any lake without an outlet where only one landowner is riparian; 4Z (2) the act does not apply to "dredging or washing" of sand and gravel;48 (3) customary uses for domestic purposes are excepted,44 although such users may (and many do) elect to obtain permits; (4) ground water may be appro- priated without a permit;4B (5) springs arising on the owner's prop- erty may be appropriated without a permit so long as such use does not interfere with the right of any user below;46 (6) diffused surface waters are impliedly excluded; (7) a dam may be placed across a "gully" on one's own land so long as provision is made to protect the 38 See Champion, note 1, at 16. 39 Sec. 5956-01. 40 Sec. 5956-02. « Sees. 5956-02 and 5956-04. *2 Sec. 5956-02 (h). « Sec. 5956-03. ** Sec. 5956-04. «Sec. 5956-01 (c). «Sec. 5956-04(a). |