CHAPTER II ALLOCATION OF STREAMS FOR MUNICIPAL WATER SUPPLY The need for allocation arises when two or more users compete for the same water or for the channel of a stream; two cities competing for the water of the same limited source illustrate the first, a municipal water supply competing with sewage disposal or mine drainage illustrates the second. Allocation, in such cases, fixes the water rights of a project, tends to reduce litigation, and aims to secure the greatest public benefit from the stream. Allocation of the waters of intra-state streams With respect to the methods of acquiring water rights the states may be roughly grouped as follows: 1. Water rights determined according to the principle of priority of appropriation to beneficial use, with or without the concurrent doctrine of riparian rights, the appropriation being either (a) controlled by an administrative authority, or (b) not so controlled. 2. The doctrine of riparian rights prevails to the exclusion of the principle of appropriation, the right to take and use natural waters being obtained either (a) through a grant by an administrative authority; (b) by special legislation in each case; or (c) by some other method. With especial reference to municipal water supply the present1 procedure in each state for initiating rights to develop and use the natural waters of that state is very briefly indicated in the table. A somewhat fuller discussion by groups of states having generally similar procedures, follows. Since water laws and administrative procedures thereunder are undergoing continual development and change, these generalizations should be checked, in any particular case, by reference to the statutes, rules of procedure and court decisions. Copies of the first two can generally be had from the administrative authority. 1 April, 1925. 1 Outline of procedure in acquiring the right to develop a municipal water supply The numbers in parenthesis following the state name, as Alabama (2, 2c), refer to the groups in which the state is further discussed. The letters A, B, P, U have the following significance: A, allocating authority controlling appropriation and use of water and acquisition of water rights; B, other authority whose approval is required, generally before construction (State Board of Health to be assumed in all cases); P, class of use having statutory preference (generally none except as indicated); U, control over underground waters. Information under B, P and U makes no pretense of completeness Albama (2, 2c). A.-none; B.-State Board of Health, before issuing bonds or incurring debt. Arizona (1, 1a). A.-State Water Commissioner, Phoenix; P.-domestic and municipal, as between applications under consideration at the same time; U-waters "flowing in definite underground channels" same as A. Arkansas (2, 2c). A.-none. California (1, 1a). A.-Division of Water Rights, State Department of Public Works, Sacramento; B.-Division of Engineering and Irrigation, State Department of Public Works, Sacramento, for dams; P.-municipal supply for domestic use, regardless of priority; U.— -same as A. with respect to "subterranean streams flowing through known and definite channels." Colorado (1, 1b). A.-none; file claim of appropriation with State Engineer, Denver; P.-domestic use in event of scarcity; city may condemn an appropriation for a lower use. Connecticut (2, 2c). A.-none; B.-State Board of Civil Engineers, Hartford, for dams. Delaware (2, 2b). A.-none; B.-special legislation necessary in each case to authorize taking surface waters; P.-water supply over disposal of sewage and industrial wastes; U.-State Board of Health only. Idaho (1, 1a). A-Department of Reclamation, Boise; P.-domestic, in event of scarcity, subject to compensation of prior appropriators; U.-same as A. Illinois (2, 2c). A.-none; B.-Division of Waterways, Department of Public Works and Buildings, Springfield, for dams or to take water from any stream. Indiana (2, 2c). A.-none. Iowa (2, 2c). A.-none; B.-State Executive Council, Des Moines, for dams; U.-State Department of Health only. Kansas (1, 1b). A.-none; the Kansas Water Commission, Topeka, was created under Chapter 172, laws of 1917, for apparent purpose, among others, of controlling appropriations, but is reported to be not functioning in this respect; B.-Public Utilities Commission with respect to issue of bonds by second and third class cities; water laws involved: State Irrigation Com |