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Show NORTH DAKOTA 581 to beneficial use. After this inspection, the applicant is issued a license by the engineer covering the quantity actually applied to beneficial use.7 In addition to reviewing applications approved by the State engi- neer, the water conservation commission has been delegated the power and authority to construct and maintain dams itself, and to control and regulate dams and works, both public and private, which may be necessary (1) to control the low-water flow as well as the flood flow of streams; (2) to improve stream channels; (3) to develop water supplies and impound water for beneficial uses and for recreation and wildlife conservation; (4) to provide sufficient water flow in streams to aid pollution abatement; (5) to promote drainage projects; and (6) to finance the construction of public and private works, dams, and irrigation projects.8 Irrigation projects may be funded through the issuance of bonds.9 The commission is authorized to sell, lease, or otherwise distribute the water developed by its projects, and may establish rules and regulations (1) governing the sale of water and (2) relating to the supervision, regulation, and control of water sup- plies and the prevention of pollution of watercourses in the State.10 The commission is authorized to acquire, by purchase or condemna- tion, lands and water rights necessary for the construction, operation, and maintenance of its project works,11 and may cooperate with political subdivisions of the State and the United States in carrying out its responsibilities.12 It is authorized to supervise the action of any State agency involving international or interstate compact nego- tiations or agreements which affect the waters of the State.13 The commission is declared to have full control over the unappro- priated waters of the State,14 and is not required to initiate a right to use water by filing an application, but need only file a declaration in writing with the State engineer describing in general terms the water claimed.15 The priority of the right shall be the date the decla- ration is filed in the office of the State engineer.16 The commission also has responsibilities regarding the distribution of water. All appropriators from a stream are required to install and maintain adequate measuring devices and headgates to enable the commission to determine the quantity of water being diverted at any time.17 Any person owning a water right may turn the control of it over to the commission and the commission may then cause water to be delivered to him in the same manner as if the water had been ap- propriated by the commission.18 The commission may hold hearings and make findings regarding the date and quantity of appropriation of all claimants from a stream.19 In discharging its responsibilities, the commission is required to take into consideration prior decrees of 'Sees. 61-04-09 to 61-04-14. 8 Sec. 61-02-14. •Sees. 61-02-46 to 61-02-62. "Sec. 61-02-14. "Sees. 61-02-22, 61-02-23. " Sees. 61-02-24, 61-02-24.1. is Sec. 61-02-25. "Sec. 61-02-29. « Sec. 61-02-30. " Sec. 61-02-31. "Sec. 61-02-37. "Sec. 61-02-38. i» Sec. 61-02-43. |
