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Show 761 the State Engineer to make a complete hydrographic survey, the State Engineer to proceed therewith whenever funds are made available from legislative appropriations or other sources, no costs incurred on behalf of the State to be charged against private parties without their express consent.809 Water commissioners may be appointed for the distribu- tion of water when the State Engineer or the court having jurisdiction considers such appointment necessary.310 A statute enacted in 1935 vests the full control of waters of definite streams, so far as they relate to "irrigation or other riparian rights," in the State Engineer, whose duty it is to apportion the waters on request of five or more landowners having riparian rights.811 Texas The constitution declares that the conservation and development of all of the natural resources of the State, specifically including waters, are public rights and duties, and directs the legislature to pass all such laws as may be appropriate thereto.312 The statute relating to the appropriation of water declares that the "waters of the ordinary flow and underflow and tides of every flowing river or natural stream, of all lakes, bays or arms of the Gulf of Mexico, and the storm, flood or rain waters of every river or natural stream, canyon, ravine, depression or watershed" within the State are the prop- erty of the State, and that the right to the use thereof may be acquired by appropriation in the manner provided in the statute; and it vests in the State Board of Water Engineers the administration of the laws enacted for the maximum judicious employment of the State waters in the public interest.313 Water may be appropriated for irrigation, min- ing, milling, manufacturing, development of power, construction and operation of waterworks for cities and towns, stock raising, public parks, game preserves, recreation and pleasure resorts, power and water supply for industrial purposes and plants, and domestic use.314 The Supreme Court of Texas has held that this statute has no application to diffused surface waters on lands granted prior to its enactment.315 Appropriations of water are initiated by application to the State Board of Water Engineers for permits to appropriate the water, the permittee being required to begin construction work within a period designated by the statute subject to extension by the Board and to prosecute the work diligently and continuously to completion.316 It is not necessary 809 S. Dak. Code 1939, § 61.0119. 310 S. Dak. Code 1939, § 61.0121. 811 S. Dak. Laws 1935, ch. 214; Code 1939, §§ 61.0104 and 61.0105. 312 Tex. Const., art XVI, § 59a. 813 Tex. Vernon's Ann. Civ. Stats., arts. 7467 and 7472c. 814 Tex. Vernon's Ann. Civ. Stats., arts. 7470 and 7470a. 315 Turner v. Big Lake Oil Co., 128 Tex. 155, 170, 96 S. W. (2d) 221 (1936). ae Tex. Vernon's Ann. Civ. Stats., arts. 7492 to 7519. |