OCR Text |
Show 634 OREGON rights, prevent the wasteful use of water, and protect the public welfare.146 If the application is approved, the right has a priority from the date when the application was filed with the State engineer.147 The applicant must proceed with reasonable diligence to drill his well and place the water to beneficial use within the time allowed by the engineer. However, the State engineer, for good cause shown, may extend this time. Once the applicant completes his project and sub- mits proof of completion to the State engineer, the engineer issues him a certificate evidencing the perfected right.148 Certificates of permits as well as certificates of registration may be assigned, but no such assignment is binding-except on the parties thereto-unless it is recorded in the State engineer's office.149 The State engineer is directed in the act to identify and define the location, extent, and characteristics of each ground water reservoir in the State, but before the boundary of any such reservoir is finalized, the State engineer is to make a final determination of the rights to the use of water from the reservoir.150 The engineer may make such a determination upon his own motion, or ujDon petition of the users from the reservoir. When the determination is com- menced, the engineer notifies all ground water users of record and also publishes notice advising the users when he is to begin taking testimony as to the rights of the various claimants.151 Each user is required to file a statement of his claim.152 All evidence is open to inspection and claims are subject to contest in the same manner as in the adjudication of surface streams.153 The order of the State engi- neer defining the nature and extent of the individual rights also determines such things as the boundary of the reservoir, the lowest permissible water level in the reservoir, serviceable methods of with- drawing water, and rules for controlling water use.154 The findings and order of the engineer are filed with the court having jurisdiction over the determination and the matter then proceeds to hearing in the same manner as with surface water adjudications.155 Once the action is concluded, the engineer issues each user a ground water certificate evidencing his right.156 Ground water is appurtenant to the land upon which it is used, but changes in the place or nature of use of a right are permissible.157 The procedure for accomplishing such a change is the same as governs surface water (see sec. 3.3, supra). The State engineer, upon his own motion or upon petition of the water users, may initiate proceedings to determine a critical ground water area if he has reason to believe that: (1) Water levels are de- clining excessively; (2) substantial interference is developing be- M7 Sec. 537.625. 148 Sec. 537.630. 149 Sec. 537.635. 160 Sec. 537.665. 161 Sec. 537.670. «2 Id. aBSSec. 537.680. 164 Sec. 537.685. 166 See. 537.690. 169 Sec. 537.700. ""See. 637.705. |