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Show 757 Engineer's determination is not final, but must be filed in court as the initiation of a judicial action and is subject either to affirmance or to alteration by the court as the result of hearings upon exceptions taken by interested parties, whereas the Wyoming system contemplates ad- judications by the State Board of Control which are final unless ap- pealed to the courts. The Oregon procedure has been upheld by the United States Supreme Court as not violative of the due process clause of the Federal constitution.276 The statute also provides for com- plete determinations in suits brought by private parties,277 for trans- ference of such suits to the State Engineer at the court's discretion,278 and for hydrographic surveys by the State Engineer in suits in which the State is a party.279 The State Engineer is charged with the duty of administering the water laws of the State, and of dividing the State into water districts as the necessity therefor arises. He may appoint a watermaster for each district who, under the general control of the State Engineer, distributes water according to the several rights thereto.280 South Dakota The water appropriation statute declares that subject to vested rights and with certain other exceptions, all waters belong to the public and, except navigable waters, are open to appropriation for beneficial use.281 Subject to the laws relating to artesian wells and water, the owner of land owns water standing on or flowing over or under the surface but not forming a definite stream, and he may use the water of a definite natural surface or subterranean stream while on his land but may not interfere with the flow of the stream or its source other than under the laws relating to the appropriation of water; this law in its original form having been derived from a statute of the Territory of Dakota.282 Beneficial use means the use of water for domestic, stock-watering, irri- gation, mining, milling, power, fish culture, fire protection, and public recreational purposes.283 Appropriations of water for power purposes in excess of 25 horsepower may not be made for periods exceeding 50 ™ Pacific Live Stock Co. v. Lewis, 241 U. S. 440, 451-455 (1916). 277 Oreg. Comp. Laws Ann., § 116-412. 278 Oreg. Comp. Laws Ann., § 116-801. 279 Oreg. Comp. Laws Ann., § 116-822. 280 Oreg. Comp. Laws Ann., § § 116-206 to 116-308. 281 S. Dak. Code 1939, § 61.0101. 282 S. Dak. Code 1939, § 61.0101. This declaration of ownership and/or rights of use of water by the landowner, without the qualifications relating to artesian wells and water and laws regarding the appropriation of water, was adopted by the State of South Dakota from a statute of the Territory of Dakota: Terr. Dak. Civ. Code, § 255. 283 S. Dak. Code 1939, § 61.0102, amended by Laws 1939, ch. 289. |