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Show 712 application must be authorized by an act of the legislature; and a certificate for the right to use water for power development must limit the right to a period of 40 years from the date of application, subject to a preference right of renewal under the laws existing at the time of expiration of the period.2 The general statute governing the appropriation of water and the State administrative functions relating to water rights, known as the State Water Code, was enacted in 1919. According to this statute, "The water of all sources, flowing in streams, canyons, ravines or other natural channels, or in definite underground channels, whether peren- nial or intermittent, flood, waste or surplus water, and of lakes, ponds and springs on the surface," is declared to belong to the public and to be subject to appropriation for beneficial use.8 Unappropriated water may be appropriated for domestic, municipal, irrigation, stock watering, water power, wildlife (including fish), or mining uses, for the personal use of the appropriator or for delivery to consumers.4 The foregoing uses of water are grouped by the statute according to their relative values to the public in the following order: First, domestic and munici- pal uses, domestic uses to be construed to include gardens not exceeding one-half acre to each family; second, irrigation and stock watering; third, water power and mining uses; and last, wildlife uses (including fish). If applications pending before the commissioner conflict, prefer- ence must be given according to the relative values to the public of the proposed uses as so declared.6 Furthermore, applications for munici- pal uses may be approved to the exclusion of all subsequent appropria- tions if the commissioner determines that the estimated needs of the municipality so require.8 Water may be appropriated for projects that overlap the State boundary line, as well as for those lying entirely within the State; but the commissioner, at his discretion, may decline to issue a permit if the proposed point of diversion is within Arizona and the place of beneficial use is in another state.7 An applicant or any person whose rights are affected by the commissioner's decision may appeal to to the superior court.8 The water right is forfeited if the holder fails tc* exercise it for five successive years.9 "Any person," according to the literal terms of the statute, may appropriate water for the uses above noted;10 and "Any person, includ- 2 Ariz. Code Ann. 1939, §§ 75-106 and 75-111. 8 Ariz. Code Ann. 1939, § 75-101. * Ariz. Code Ann. 1939, § 75-102. 8 Ariz. Code Ann. 1939, §§ 75-102 and 75-106. 8 Ariz. Code Ann. 1939, § 75-106. 7 Ariz. Code Ann. 1939, § 75-112. 8 Ariz. Code Ann. 1939, § 75-113. 9 Ariz. Code Ann. 1939, § 75-101. 10 Ariz. Code Ann. 1939, § 75-102. |