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Show WASHINGTON 775 3.3 Changes, Sales, and Transfers Water which has been applied to beneficial use is appurtenant to the land or the place where the use is made. However, a change may be made in the point of diversion, place or nature of use of a water right if the change can be made without injury to other users.140 There is no loss in the priority of the right by such a change. As a procedural matter, the owner of the right must file an appli- cation to transfer with the department of ecology, and notice of the application is given by publication. If the director finds that the change can be accomplished without injuring other rights, he issues the applicant a certificate which entitles him to make the transfer.141 This procedure also applies to seasonal or temporary changes and the rotation of the available water supply among users to bring about a more economical use of the available water, so long as this is done without detriment to other existing rights.142 The person objecting to a proposed change has the burden of prov- ing that the change would prejudice or impair his rights. In one situation, a change was denied which reduced the subirrigation and the flow of a spring on adjacent lands, even though a temporary per- mit had been issued.143 Since the transfer of riparian rights is not in any way restricted under the terms and provisions of the water code, it is assumed that these rights are freely salable and transferable, either as a part of the transfer of the riparian land or independently of the riparian property. 3.4 Loss of Rights FORFEITURE Until recently, Washington had no statutory provisions relating to forfeiture of water rights. However, in 1967 legislation was en- acted providing for the forfeiture and relinquishment of water rights. The statute applies to both riparian and appropriation rights and to both surface and ground water.144 Any person entitled to the use of water by appropriation or who is entitled to divert or withdraw water from a watercourse by virtue of the ownership of riparian land, who abandons or voluntarily fails to use water without sufficient cause for a period of 5 successive years after the effective date of the act (July 1, 1.967) relinquishes such right, or the portion thereof not used, and the water reverts to the public and is available for appropriation.145 When it appears to the director that a person entitled to the use of water has not been beneficially using his right, or a portion there- of, and it appears that the right may have reverted to the State because of such non-use, the director shall notify the person to show cause why the right or a portion of it should not be declared relin- 140 Sec. 90.03.380. !«• Id. «2 Id. mHaberman v. Sander, 166 Wash. 453, 7 P. 2d 563 (1932). 1U Sees. 90.14.130 to 90.14.210. An excellent review of this act Is maiie by Corker and Roe, Washington's New Water Rights Law-Improvements Needed, 44 Wash. L. Rev. 85 (1968). 145 Sees. 90.14.160, 90.14.170, 90.14.180 and 90.14.210. |