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Show OREGON 627 completion, or supplying of the necessary proof.91 If the required data, proofs, etc., are filed within 30 days from the date of return of the application to the applicant, then the application does not lose its priority-the date of original filing. The State engineer is required to approve all applications made in the proper form, which contemplate the application of water to a beneficial use, unless the proposed use conflicts with existing rights. This mandatory approval is subject to two restrictions. First, the State engineer cannot approve an application for a permit to ap- propriate waste or seepage which is to be carried through an exist- ing ditch which is not owned wholly by the applicant unless the applicant files with his application an agreement signed by the owner of the ditch authorizing its use for such purpose. Second, the State engineer is required to reject applications to appropriate water in excess of a flow of 10 ft3/s if the applicant has failed-after the required 30-days notice and demand-to furnish proof satisfactory to the State engineer of the applicant's ability to construct the project and of his good faith to construct it with due diligence.92 If the State engineer feels that the proposed use may prejudicially affect the public interest, or if the proposed use is to develop hydro- electric power in excess of 100 theoretical horsepower, then he must refer the application to the water resources board for consideration.93 The board, upon proper notice and hearing, determines whether or not the proposed use would impair or be detrimental to the public interest. It either approves or disapproves the application.94 In de- termining whether the proposed use would impair or be detrimental to the public interest, the board must have due regard for: (a) Conserving the highest use of the water for all purposes, in- cluding irrigation, domestic use, municipal water supply, power de- velopment, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public. (b) The maximum economic development of the waters involved. (c) The control of the waters of this State for all beneficial pur- poses, including drainage, sanitation and flood control. (d) The amount of waters available for appropriation for bene- ficial use. (e) The prevention of wasteful, uneconomic, impracticable, or unreasonable use of the waters involved. (f) All vested and inchoate rights to the waters of this State or to the use thereof, and the means necessary to protect such rights. (g) The State water resources policy formulated under ORS 536.300 to 536.350.95 The Oregon statutes provide for judicial review of orders issued wgec. 537.150. »2Sec. 537.160. <K»Sec. 537.170. »* Id. 96 Sec. 537.170. 499-242-78------41 |