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Show 770 soil; and not being public water, a right to the use thereof cannot be acquired by appropriation under the appropriation statute. But the court stated that waters, even though diffused and percolating through the soil, which do not sustain plant life or otherwise benefit the land, "are not necessarily a part thereof and to the end that they might be placed to a beneficial use should belong to the public and be subject to appropriation the same as other waters." Hence, as it seemed prob- able that there was more than sufficient water in this spring area to sustain the plant life, it was held that the application to appropriate excess water must be approved. Procedure for the determination of water rights is provided by statute in suits filed by the State Engineer upon petition of water users or by private parties.870 In suits filed by the State Engineer, and in general determinations begun by private parties, the State Engineer provides the court with lists of all claimants so far as known, and makes hydro- graphic surveys and proposed determinations of water rights, the final judgment of the court determining and establishing the rights being entered after the hearing of objections by claimants. The State Engineer has general administrative supervision of the waters of the State.871 He may appoint water commissioners for the distribution of water from any source of supply, after consultation with the water users and in accordance with their recommendations if they can agree.872 He also has authority to establish water districts873 and to define ground-water administrative areas.874 Washington The law regulating the appropriation of water provides that subject to existing rights, all waters within the State belong to the public, and that any right to the use thereof may be acquired by appropriation in the manner provided in the statute and not otherwise.375 The admin- istration of the act is vested in an engineer designated as the State Su- pervisor of Hydraulics,376 who is an assistant director in the Department of Conservation and Development. An intending appropriator must apply to the State Supervisor of Hydraulics for a permit to make the appropriation; and when the permittee has made a satisfactory showing that his appropriation has been perfected, he receives a certificate of appropriation.377 870 Utah Code Ann., 1943, and 1949 Cum. Supp., §§ 100-4-1 to 100-4-24. m Utah Code Ann., 1943, § 100-2-1. 872 Utah Code Ann., 1943, § 100-5-1. 873 Utah Code Ann., 1943, § 100-2-1. 874 Utah Code Ann., 1943, § 100-5-1. 878 Wash. Rem. Rev. Stats., § 7351. 874 Wash. Rem. Rev. Stats., § 7355. 877 Wash. Rem. Rev. Stats., §§ 7378 to 7387, 7390. |