OCR Text |
Show 436 APPROPRIATION OF WATER preferred may be condemned to supply water for preferred uses other than steam powerplants and industrial purposes. Preferred water uses have prefer- ences in the order stated above under "Order of preferences in individual States." This order of preferences contains four groups, none of which includes agriculture or irrigation. The only reference to agriculture or irrigation is in the sentence immediately following the last group. This is to the effect that the use of water for irrigation shall be superior to any use where water turbines or impulse water wheels are installed for power purposes. A change to a preferred use may be made with the approval of the State Board of Control, after notice and hearing, if necessary, before the division superintendent. Payment of just compensation must be made.1016 The Wyoming Supreme Court held that a change to a preferred use under this statute carries only the rights and priorities pertaining to the use that is the subject of the condemnation. It does not operate to subordinate the rights of other users in the source of supply unless their rights are likewise acquired or condemned.1017 In other words, simply changing a use of water to a preferred use does not alter the priority of its right. (c) Alaska. The 1966 Alaska Water Use Act provides that an applicant for a permit shall be granted a permit and is entitled to a preference over other appropriators if the use is for a public water supply. However, to be entitled to a preference the applicant must show that the preferred use will be prevented or substantially interfered with by a prior appropriator and agree to compensate the prior appropriator for any damages sustained by the preferred 1016 Wyo. Stat. Ann. § § 41-3 and -4 (1957). 10"Newcastle v. Smith, 28 Wyo. 371, 376-378, 205 Pac. 302 (1922). 1018 Alaska Stat. § 46.15.150 (Supp. 1966). |