73-3-1. Appropriation -- Manner of acquiring water rights.
Rights to the use of the unappropriated public waters in this state may be acquired only as
provided in this title. No appropriation of water may be made and no rights to the use thereof
initiated and no notice of intent to appropriate shall be recognized except application for such
appropriation first be made to the state engineer in the manner hereinafter provided, and not
otherwise. The appropriation must be for some useful and beneficial purpose, and, as between
appropriators, the one first in time shall be first in rights; provided, that when a use designated by
an application to appropriate any of the unappropriated waters of the state would materially
interfere with a more beneficial use of such water, the application shall be dealt with as provided
in Section 73-3-8. No right to the use of water either appropriated or unappropriated can be
acquired by adverse use or adverse possession.
No Change Since 1953
Download Code Section Zipped WordPerfect 73_03_000100.ZIP 1,994 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009