(specially concurring).
I specially concur in the opinion of the majority. After extensive informal conference with all parties in attendance, it appears appellee’s claim is based upon the United States Government’s failure to effect a hydrographic survey and adjudication when it “appropriated” the waters in question. Appellee argues since the survey was not done, nor the adjudication obtained, the United States Government did not make a valid appropriation, and therefore appellant Regents could take nothing from the United States. Appellee relies upon Gay v. Hicks, 33 Okl. 675, 124 P. 1077 (1912), which held a hydrographic *946survey and adjudication were conditions precedent to acquiring a valid appropriation.
At the time Gay v. Hicks was decided, as pointed out in the majority, the Oklahoma law (§§ 3932 & 3933, Comp.Laws 1909) 1 made it the duty of the State Engineer to make a hydrographic survey and the Attorney General to enter suit for an adjudication of rights. Such duties were still imposed by statute2 (O.S.1931 §§ 13060 & 13061 respectively) when the United States Government served notice in 1940 in the present case of their intent to appropriate the waters in question. Then in 1963 the legislature amended the Oklahoma statutes and in 82 O.S.1963 Supp. §§ 11 & 12 stated such hydrographic survey and adjudication “shall not be a condition precedent to securing an appropriation.” 3 Then in 1969 the Oklahoma Supreme Court handed down Oklahoma Water Resources Bd. v. Central Okl. Master Conservancy Dist. mentioned in the majority *947opinion, which concerned facts of appropriation prior to the 1963 amendment, although decided after the amendment. In the Supplemental Opinion On Rehearing (464 P.2d 755) Chief Justice Irwin speaking for the court said:
“City also contends the district did not comply with the pre-1963 statutory conditions precedent for the perfection of a water right, i. e., hydrographic survey and adjudication proceedings. We hold said conditions precedent were procedural requirements, which have been eliminated by the 1963 amendments to the pertinent section of Title 82. No one has a vested right in any particular mode of procedure for the enforcement or defense of his rights. Hence the general rule that statutes will be construed to be prospective only does not apply to statutes affecting procedure; but such statutes, unless the contrary intention is clearly expressed or implied, apply to all actions falling within their terms, whether the right of action existed before or accrued after the enactment. Shelby-Downard Asphalt Co. v. Enyart, 67 Okl. 237, 170 P. 708; Fry v. Wolfe, 106 Okl. 289, 234 P. 191.”
It therefore seems to me that the validity of an appropriation made prior to the 1963 amendment even, did not depend upon a hydrographic survey being made nor an adjudication being made by reason of Central. To this extent Central seems to overrule Gay v. Hicks, supra, and indeed, if it does, then appellee’s sole ground for contesting appellant Regent’s predecessor’s appropriation would fail.
I therefore conclude the trial court erred in finding for appellee and concur in the majority’s opinion reversing the judgment of the trial court, which grants rights to a stranger, i. e., appellee, which is neither appropriator nor riparian.
. “Sec. 3932. Hydrographic surveys. — The State Engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the State beginning with those most used for irrigation, obtaining and recording all available data for the determination, development and adjudication of the water supply of the State. He shall be authorized to co-operate with the agencies of the Federal Government engaged in similar surveys and investigations, and in the construction of works for the development and use of the water supply of the State, expending for such purposes any money available for the work of his office, and may accept and use, in connection with the operations of his department, the results of the work of the agencies of the Federal Government.”
“Sec. 3933. Adjudication of rights — suit by Attorney-General. — Upon the completion of such hydrographic survey of any stream system, the State Engineer shall deliver a copy thereof together with copies of all data necessary for the determination of all rights to the use of the waters of such system, to the Attorney-General who shall within sixty days thereafter enter suit on behalf of the State for the determination of all rights to the use of such water, and shall diligently prosecute the same to a final adjudication : Provided, That if a suit for the adjudication of such rights shall have been begun by private parties, the Attorney-General shall not be required to bring suit; Provided, However, That the Attorney-General shall intervene in any suit for the adjudication of rights to the use of water on behalf of the State if notified by the State Engineer that in his opinion the public interest requires such action.”
. “13060. Hydrographic Surveys.
The state engineer shall make hydrographic surveys and investigations of each stream system and source of water supply in the State beginning with those most used for irrigation, obtaining and recording all available data for the determination, development and adjudication of the water supply of the State. He shall be authorized to co-operate with the agencies of the federal government engaged in similar surveys and investigations, and in the construction of works for the development and use of the water supply of the State, expending for such purposes any money available for the work of his office, and may accept and use, in connection with the operations of his department, the results of the work of the agencies of the federal government.”
“13061. Adjudication of Rights — Suit by Attorney General.
Upon the completion of such hydrographic survey of any stream system, the state engineer shall deliver a copy thereof, together with copies of all data necessary for the determination of all rights to the use of the waters of such system, to the attorney general who shall within sixty days thereafter enter suit on behalf of the State for the determination of all rights to the use of such water, and shall diligently prosecute the same to a final adjudication: Provided, that if a suit for the adjudication of such rights shall have been begun by private parties, the attorney general shall not be required to bring suit; Provided, however, that the attorney general shall intervene in any suit for the adjudication of rights to the use of water on behalf of the State if notified by the state engineer that in his opinion the public interest requires such action.”
.82 O.S.1971 § 11:
“ . . . Provided, that after the effective date hereof the making of such hydrographic survey shall not be a condition precedent to the granting of permits and licenses to appropriate water as authorized by Chapter 1 of Title 82, Oklahoma Statutes 1961, as now or hereafter amended or supplemented.”
82 O.S.1971 § 12:
“ . . . Provided that after the effective date hereof neither the bringing of such suit nor an adjudication in such a suit shall be a condition precedent to the granting of permits and licenses, as authorized by Chapter 1 of Title 82, Oklahoma Statutes 1961, as now or hereafter amended or supplemented.