OCR Text |
Show first preference to use for domestic purposes, and second preference to use for agricultural purposes. There is no problem in times of plenty, but times of scarcity are likely to become more frequent as population increases. The question here, then, is whether type of use should be the prime basis for a water right, leaving priority of use as determinative only among those using water for a similar purpose. If so, the list of preferences should be expanded to include municipal, industrial, mining, power, and recreation,, Also it may be desirable to consider classifying such uses as stock watering, dairying, air conditioning, commercial and industrial use in cities, fish hatcheries, lawn watering, etc. c. Rights in landownership. The present code ( Section 73- 1- 1) declares all waters, whether above or under the ground, to be the property of the public, subject to all existing rights to the use thereof. What are the rights of the owner of private property, and are they understood to be included in the phrase " subject to all existing rights?" Has the landowner a right to all the precipitation that falls on his property, and can he legally retain a larger proportion of the precipitation than would be held naturally, by means of soil and water conservation techniques? The answer to this question is of critical importance, because the water available for appropriation is the surface and ground water flowing from areas of water surplus to and through areas of water deficiency. If a larger proportion of precipitation is retained where it falls, the water available for appropriation must be reduced accordingly. Practically all appropriative rights in Utah depend upon source areas that are public lands, most of which are under the jurisdiction of the U. S. Forest Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, and Department of Defense. The relative rights of these " landowners," as against the appropriative rights of individuals who obtain water flowing from these lands, have not been clearly defined. This problem is beyond the jurisdiction of this committee, but is of vital concern to the state. - 15- |