Right of State to Regulate Distribution of Water Rights

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6331.
Under these statutes it will be observed that there is no law limiting the amount of water that may be filed on from any stream or lake. On some streams the appropriations now on file call for many times the amount of water available, and yet there is no law prohibiting further appropriations, no officer whose duty it is to elim- inate excess appropriations and protect water users against future en- croachments upon their rights, nor to determine when an initiated right has lapsed.
The do
...ctrine that a riparian right is a property right, a part and parcel of the land, is acquired when the land is acquired, is not acquired by use and cannot be lost by disuse, has been upheld in California, Washington, Kansas, Montana, North Dakota, (Oklahoma, possibly) and South Dakota and partially in Nebraska, Texas and Oregon and has been rejected in eleven states as not applicable to arid conditions where irrigation is necessary to the development of the country. Those rejecting it are Colorado, Arizona, Alaska, Idaho, New Mexico, Nevada, Utah, Wyoming, partially in Nebraska, Oregon and Texas, New South Wales, Victora, Australia, and the Northwest territories of Canada, India and Egypt.

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