OCR Text |
Show 773 owners of overlying lands;391 and held in 1935 that in line with that doctrine, a city that had excavated a ditch in order to operate more efficiently a gravel pit, thereby cutting off percolating water supplying neighboring lands, was making a reasonable use of its own property and was not liable for the resulting effect on the ground-water supply.892 The legislature in 1945 enacted a statute for the express purpose of extending the application of the surface-water statutes to the appropria- tion and beneficial use of ground waters, and amended the act in 1947 and 1949.393 Ground waters are defined as all bodies of water that exist beneath the land surface and that there saturate the interstices of rocks or other materials-that is, the waters of underground streams or channels, artesian basins, underground reservoirs, lakes or basins, the existence or boundaries of which may be reasonably established or ascertained. The act recognizes a distinction between water that exists in underground storage wholly because of natural processes, which it terms "natural ground water", and water that is made available in underground storage artificially, either intentionally or incidentally to irrigation, which is designated as "artificially stored ground water." Subject to existing rights, all natural ground waters, and all artificial ground waters not abandoned or forfeited, are made subject to appro- priation. Exempted are withdrawals of ground waters for stock- watering purposes, or for the watering of lawns or noncommercial gardens not exceeding one-half acre in area, or for single or group do- mestic uses or industrial purposes not exceeding 5,000 gallons per day; but the party using ground water not exceeding such quantity may elect to make a formal appropriation thereof under the procedure provided in the act for withdrawals of ground water in excess of that quantity. Provision is made for the filing of declarations of claims of preexisting vested rights and for the issuance of certificates of appropriation with respect thereto. The Supervisor of Hydraulics has authority to desig- nate ground-water areas or subareas, and separate depth zones therein, after hearings, and to regulate withdrawals of water when the supply is inadequate to supply all rights. A proceeding is provided for the determination by the Supervisor of abandonment of ground-water rights where the withdrawal and use of the water has been discontinued for a period of five years. The Supervisor of Hydraulics is authorized to initiate proceedings for the determination of water rights, upon petition of one or more claimants, or when in his judgment the interest of the public will be served thereby.394 A statement is filed with the court, which is required 891 Patrick v. Smith, 75 Wash. 407, 414-415, 134 Pac. 1076 (1913). 882Evans v. Seattle, 182 Wash. 450, 457-460, 47 Pac. (2d) 984 (1935). 888 Wash. Laws 1945, ch. 263; Laws 1947, ch. 122; Laws 1949, ch. 63; Wash. Rem. Rev. Stats., Supps. 1945, 1947, and 1949, §§ 7400-1 to 7400-19. 891 Wash. Rem. Rev. Stats., §§ 7364 to 7377. |