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Show 753 if the flow from the spring constitutes or discharges into a natural stream, it is subject to the law of watercourses.280 The appropriative right for most uses of water is initiated by making application to the State Engineer for a permit to appropriate the water; and upon perfection of the appropriation, a certificate is issued.251 Appropriations of water for the generation of electricity, however, are governed by the hydroelectric act, except in the case of developments by the United States or by cities, towns, municipal corporations, or utility districts.2*2 The needs of municipalities for water are provided for by declaring that applications for municipal water supplies may be ap- proved by the State Engineer to the exclusion of all subsequent appro- priations, if the exigencies of the case so demand;253 that water may be appropriated for such future reasonable and usual municipal purposes as may be reasonably anticipated; 284 and that the State Engineer shall reject, or grant subject to municipal uses, all applications where in his judgment the appropriation of the waters applied for would impair a municipal water supply.265 An early statute provides that when the waters of a natural stream are inadequate for all users, first preference shall be given to domestic purposes, subject to such limitations as may be prescribed by law, and that agricultural purposes shall have prefer- ence over manufacturing purposes.258 Apparently this statute has not been interpreted by the supreme court; but that court, in referring to the statute providing that applications for the appropriation of mu- nicipal water supplies may be approved to the exclusion of subsequent appropriations,257 noted that no precedence was thereby given to a municipal corporation as such, as against prior claimants, and that priorities of appropriation constitute a species of property which cannot be taken from the holder without compensation.258 If the owner of a perfected and developed water right fails to use the appropriated water for a period of five successive years, abandonment of the water right is Oreg. 445, 450, 299 Pac. 705 (1931); Skinner v. Silver, 158 Oreg. 81, 96-98, 75 Pac. (2d) 21 (1938); Messinger v. Woodcock, 159 Oreg. 435, 443-444, 80 Pac. (2d) 895 (1938). 250 Low v. Schaffer, 24 Oreg. 239, 244, 33 Pac. 678 (1893); Low v. Rizor, 25 Oreg. 551, 559, 37 Pac. 82 (1894); Boyce v. Cupper, 37 Oreg. 256, 261, 61 Pac. 642 (1900); Brosnan v. Harris, 39 Oreg. 148, 150-151, 65 Pac. 867 (1901); Morrison v. Officer, 48 Oreg. 569, 570, 87 Pac. 896 (1906); Hildebrandt v. Montgomery, 113 Oreg. 687, 690, 693-694, 234 Pac. 267 (1925); Minton v. Coast Property Corp., 151 Oreg. 208, 217, 46 Pac. (2d) 1029 (1935). 281 Oreg. Comp. Laws Ann., §§ 116-419 to 116-427. 252 Oreg. Comp. Laws Ann., §§119-101 to 119-302. 263 Oreg. Comp. Laws Ann., § 116-421. 254 Oreg. Comp. Laws Ann., § 116-437. 2BBOreg. Comp. Laws Ann., § 116-1021. 266 Oreg. Comp. Laws Ann., § 116-601. sw See supra, n. 253. 258 In re Schollmeyer, 69 Oreg. 210, 215, 138 Pac. 211 (1914). |