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Show 161 ciple and declared the classification of rights in an underground basin to embrace overlying, appropriative, and prescriptive rights.56 It held that appropriative rights may attach only to surplus ground water; that the surplus is not subject to pre- scription as against an overlying owner because, if surplus, no right of the overlying owner is invaded; that surplus water may be exported from the basin for nonoverlying uses; and that appropriative rights in such surplus are, in time of short- age, subject to the rights of overlying owners which are para- mount to appropriative rights except as invaded by prescrip- tion.56 The Court limited all withdrawals to the amount of the estimated safe yield.57 In general, recent legislative trend appears moving toward conservation of ground water on the reasonable-use basis, and toward applying to ground water the principles of use and administration applicable to surface waters.58 It may also be 58 33 Cal. 2d at 925, 207 P. 2d at 28. 84 33 Oal. 2d at 925,926,207 P. 2d at 28-29. 87 33 Cal. 2d at 936-937, 207 P. 2d at 34-35. 88 For a summary of the ground-water law in each of the 17 Western States see State Water Law in the Development of the West, Report to the Water Resources Committee by its Subcommittee on State Water Law, National Resources Planning Board, App. C, pp. 118-127 (1943). From the date of the foregoing report, May 1943, through 1949 legislative sessions, no change of major significance appears in the relevant laws of Colorado, Idaho, Montana, Nebraska, North Dakota, Oklahoma, Oregon, South Dakota, and Washington. Abbreviated indications of the general nature of principal subsequent alterations in other Western States follow: Arizona.-Adopted a ground-water code in 1948, including provision for "critical groundwater areas," wherein irrigation wells may be constructed only by permit. Ariz. Code Ann. 1939 Cum. Supp., § 75-145 et seq. California.-In 1949, added provisions for investigating damage to quality of underground waters and for reporting data upon completion of water wells or upon conversion of oil and gas wells to water wells. Deebing's California Codes, Water, 1949 Cum. Supp., §§ 231, 7076, 7077. Kansas.-Ground waters made subject in 1945 to enactments providing for appropriation for enumerated beneficial uses, subject to prior vested rights and forfeiture on nonuse for three years. 1947 Cum. Supp. Kans. Gen. Stats., 1935, §§ 82a-701, 82a-707. Nevada.-Act for conservation and distribution of underground waters amended in 1947 and 1949 to provide for exempting domestic appropriations not exceeding two gallons per minute and for designating basin areas |