Chapter 3 - Appropriation

Chapter 3 - Appropriation

Section 1 - Appropriation -- Manner of acquiring water rights.
Section 1.5 - Capture and storage of precipitation.
Section 2 - Application for right to use unappropriated public water -- Necessity -- Form -- Contents -- Validation of prior applications by state or United States or officer or agency thereof.
Section 3 - Permanent or temporary changes to a water right.
Section 3.5 - Application for a change of point of diversion, place of use, or purpose of use of water in a water company made by a shareholder.
Section 4 - "Received," "filed" defined.
Section 5 - Action by engineer on applications.
Section 5.5 - Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required.
Section 5.6 - Applications to appropriate or permanently change a small amount of water -- Proof of appropriation or change.
Section 6 - Publication of notice of application -- Corrections or amendments of applications -- Withdrawal of application.
Section 7 - Protests.
Section 8 - Approval or rejection of application -- Requirements for approval -- Application for specified period of time -- Filing of royalty contract for removal of salt or minerals.
Section 10 - Approval or rejection of application.
Section 11 - Statement of financial ability of applicants.
Section 12 - Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria.
Section 13 - Protests -- Procedure.
Section 14 - Judicial review of state engineer order.
Section 15 - Dismissal of action for review of informal adjudicative proceedings.
Section 16 - Proof of appropriation or permanent change -- Notice -- Manner of proof -- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing -- Statement in lieu of proof of appropriation or change.
Section 17 - Certificate of appropriation -- Evidence.
Section 18 - Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.
Section 19 - Right of entry on private property -- By applicant -- Bond -- Priority.
Section 20 - Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application.
Section 21.1 - Priorities between appropriators.
Section 23 - Replacement of water.
Section 25 - Well driller's license -- Enforcement.
Section 26 - Violations -- Penalty.
Section 27 - Requests for segregation or consolidation.
Section 28 - Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well.
Section 29 - Relocation of natural streams -- Written permit required -- Emergency work -- Violations.
Section 30 - Change application for an instream flow.
Section 31 - Water right for watering livestock on public land.

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