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Show 98 ALASKA fully satisfied before a junior appropriator may divert and use the water. Alaska has recognized this concept in its judicial decisions, constitution, and statutes.86 However, while recognizing the priority concept, the water code places some limitations upon the demands which a prior appropriator may place upon a water source: Priority of appropriation gives prior right. Priority of appropriation does not include the right to prevent changes in the condition of water occurrence, such as the increase or decrease of stream flow, or the lowering of a water table, artesian pressure, or water level, by later appropriators, if the prior appro- priator can reasonably acquire his water under the changed conditions.87 With respect to permits acquired under the present statute, the priority of the appropriation dates from the time the application is filed with the commissioner.88 For those rights which were acquired prior to the enactment of the water code, the priority dates from the day work was begun on the appropriation, if due diligence was used in completing the project. Otherwise, priority dates from the time the water was actually applied to beneficial use.89 As among users, all uses are of an equal status with the exception of the use of water for a public water supply. As pointed out above, this latter use enjoys a preference over all other uses in allocation of water.90 3.3 Changes, Sales, and Transfers The water code declares that the right to use water under an ap- propriation or permit is appurtenant to the land or place where the water is beneficially used. The one exception to this rule is water which is supplied by one person to another person's property. Such a use is not deemed appurtenant unless the parties intended it to be appurtenant. An appurtenant water right passes with the convey- ance or transfer of the land unless it is specifically reserved to the grantor in the conveyance.91 With the permission of the commis- sioner, all or part of a water right may foe severed from the land to which it is appurtenant and used for other purposes or on other lands.92 However, the code does not provide any specific procedure for securing the approval of the commissioner. A deed, lease, contract, or other instrument transferring a water right is void as against a subsequent innocent purchaser who, in good faith, pays valuable consideration for the right if he is first to re- cord his instrument of conveyance with the commissioner. A certi- fied copy of the instrument of transfer must be recorded in the recorder's office of the recording district in which the appropriation is located.93 An unrecorded instrument is valid between the parties to it, and also against anyone having actual notice of it.94 86 Revenue Mining Co. v. Bal&erston, 2 Alaska 363 (1905) ; Miocene Ditch Co v. Campion Mining & Trading Co., 3 Alaska 572 (1908) ; Alaska Const., art. VIII, sec. 13; sec. 46.15.050. 87 Sec. 46.15.050. 88 Sec. 46.15.130. 88 Sec. 46.15.135. 90 Sec. 46.15.090. 91 Sec. 46.15.160; also, see Stinson v. Murray, 8 Alaska 167 (1930). »2 Sec. 46.15.160. <« Sees. 46.15.160 and .170. m Sec. 46.15.170. |