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Show 770 WASHINGTON In order to initiate a right to water subject to the provisions of the water code, an application for a permit must be filed with^ the director.92 A temporary permit for the use of water may be obtained pending the determination of the director on the application. Notice of the application is given by publication in the county where the project is to be constructed.93 In order to approve an application, the director must find that there is unappropriated water in the source and that the proposed use would not conflict with existing rights or prove detrimental to the public interest.94 Once an application is approved, the applicant must proceed with the construction of works. This must be prose- cuted with due diligence and completed within the time prescribed by the director.95 However, extensions of time to complete the proj- ect may be granted for good cause shown.96 What constitutes due diligence depends on the facts and circumstances of each develop- ment.97 When the project works are constructed, and the water placed to beneficial use, the director issues a certificate which evidences the perfected right.98 The priority of the right acquired relates back to the date of filing of the application.99 Water may be appropriated for use in another State or nation, but the director may decline to issue a permit unless such State or nation allows the diversion and use of water from it for use in Washington.100 An appropriator is granted the right of eminent domain for the construction of water storage or transport facilities.101 There are certain special statutory provisions relating to the ac- quisition of water for public water supply and certain industrial uses,102 and also water rights acquired by the United States.103 C. ACQUISITION OP RIGHTS BY EMINENT DOMAIN Washington, as most other States, provides for the condemnation of existing water rights for such purposes as public water supply.104 However, Washington has a statute which extends beyond this. Any person may condemn an inferior use of water for a superior use. The statute does not designate the relative importance of different uses, but provides that the court is to determine the superior use by deter- mining which use will be for the greatest public benefit. The one limitation imposed in the statute is that a right cannot be condemned for irrigation purposes when it will deprive the owner of the right of the quantity of water which is reasonably necessary to irrigate the land he has already put into production.105 82 Sec. 90.03.250. "3 Sec. 90.03.280. 9* Sec. 90.03.290. 95 Sec. 90.03.320. 98 Id. 97 In re Alpowa Creek, 129 Wash. 9, 224 Pac. 29 (1924). 88 Sec. 90.03.330. 90 Sec. 90.03.340. 100 Sec. 90.03.300. 101 Sec. 90.03.040. 102 Washington Eevised Code, chapter 90.16. 103Secs. 90.40.010 to 90.40.090. 104 Washington Revised Code, chapter 35.92. 105 Sec. 90.03.040. |