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Show ARIZONA 111 While Arizona views a water right as an appurtenance to the land on which the water is used, a valid appropriation of water may be made on the public domain as well as the private property of the ap- propriator.57 And, even though the water right is appurtenant to the land, it can be severed and transferred for other uses upon filing an application with, and obtaining the approval of, the State land de- partment-but the transfer can be accomplished only if other rights are not impaired by the change.58 C. TYPES OF USE RECOGNIZED (1) Purpose of use.-The Arizona statute provides that any per- son may appropriate water for domestic, municipal, irrigation, stockwatering, water power, wildlife (including fish), and mining uses, for his personal use, or for delivery to consumers.69 The Ari- zona Supreme Court has observed that the application of water to some beneficial use is essential to a valid appropriation.60 However, it does not appear that the Arizona court has ever had to de- cide whether the uses set forth in the statute are an exclusive defini- tion of the beneficial uses which can be recognized within the State. (2) Preference among uses.-When there are two or more con- flicting applications for the use of available water, preference shall be given by the department according to the relative values to the public as defined by statute in the following order: (a) domestic and municipal use, which shall include gardens not exceeding one-half acre to each family; (b) irrigation and stockwatering; (c) power and min- ing uses; and (d) recreation and wildlife, including fish. In addition, another statute provides that applications for municipal use shall be ap- proved to the exclusion of all subsequent applications if it is deter- mined that the estimated future needs of the municipality justify it.61 3.3 Changes, Sales, and Transfers The transfer of water rights in Arizona was somewhat restricted prior to 1962, but the amendment to the water code that year liber- alized the transfer process to a considerable degree. The present stat- ute provides that a water right may be severed from the land to which it is appurtenant, or from the site of its use if used for other than irrigation purposes, and transferred to other uses, such as ir- rigation, municipal, stockwatering, power, and mining, or to the State or its political subdivision for recreation and wildlife purposes (including fish) without a loss of priority. In order to accomplish such a change, it is necessary to file a change application with the department. After notice and hearing, if other vested rights are not affected or interfered with, the depart- ment shall approve the transfer. The quantity of water changed shall not exceed the amount of the vested right as it existed at the time of the change. There are additional limitations on the right to w Parker v. Mclntyre, 47 Ariz. 484, 56 P. 2d 1337 (1936). 158 Ariz. Rev. Stat. sec. 45-172 ; Gillespie Land <£ Irr. Co. v. Buckeye Irr Go., 75 Ariz. 377, 257 P. 2d 393 (1953). 89 Ariz. Rev. Stat. sec. 45-141. ^Foumart v. Curtis, 43 Ariz. 140, 29 P. 2d 722 (1934). « Ariz. Rev. Stat. sees. 45-141,143. |