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Show 456 THE APPROPRIATIVE RIGHT Statutes. -Declarations that the appropriative right shall be appurtenant to the land in connection with which it is acquired are contained in many of the water rights statutes.97 Some of the declarations are that the "water" remains appurtenant to the place of use-disregarding the legal distinction between the corpus of the water itself and the incorporeal right to its use. Others refer to both the water and the right of use. However, the legislative intent is clear enough. The Alaska statute98 provides that: The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person's property shall not be appurtenant to the property unless the parties so intend. An appurtenant water right shall pass with a conveyance of the land, or transfer, or by operation of law unless specifically exempted from the conveyance. However, with the permission of the Commissioner of the Department of Natural Resources, "all or any part of an appropriation may be severed from the land to which it is appurtenant, may be sold, leased or transferred for other purposes or to other lands and be made appurtenant to other lands." It is currently provided by the Arizona statute99 that: A water right may be severed from the land to which it is appurtenant or from the site of its use if for other than irrigation purposes and with the consent and approval of the owner of such right may be transferred for use for irrigation of agricultural lands or for municipal, stock watering, power and mining purposes and to the State or its political subdivisions for use for recreation and wildlife purposes (including fish) without losing priority theretofore established, subject to [a number of] limitations and condi- tions. The Washington statute makes a general declaration that the right to the use of water that has been applied to a beneficial use shall remain appurtenant to the land or place of use; but it also provides that where water applied for in the application for a permit is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes.100 "Idaho Code Ann. § § 42-101, -220 (1948), -1402 (Supp. 1969); Kans. Stat. Ann. § § 42-121 (1964) and 82a-701(g) (1969); Nev. Rev. Stat. § 533.040 (Supp. 1969); Oreg. Rev. Stat. § 540.510 (Supp. 1969); Wash. Rev. Code § 90.03.380 (Supp. 1961). 98 Alaska Stat. § 46.15.160 (Supp. 1966). 99 Ariz. Rev. Stat. Ann. 45-172 (Supp. 1970). 100 Wash. Rev. Code § § 90.03.380 and 90.03.290 (Supp. 1961). |