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Show Mississippi 431 the alienation of a water right, it would seem that they may be freely bought and sold.66 However, permanent or temporary changes in the point of diver- sion or place of use of water must be approved by the board prior to any such change. It is assumed that the purpose of the board's veto power over a change is to protect other rights and preserve minimum streamflows and lake levels. Any person who changes or attempts to change the point of diversion or place of use of water without apply- ing to the board for approval is guilty of a misdemeanor, with each day constituting a separate offense.67 3.4 Loss of Rights The circumstances under which a water right may be terminated or modified are not clearly set out in the statutes, and many problems of interpretations arise. Forfeiture is provided for as follows: The right of the appropriator and his successors to the use of water shall terminate when he ceases for three (3) consecutive years to use it for the specific beneficial purpose authorized in his permit or license.68 One writer has suggested that this section authorizes two independ- ent grounds for forfeiture: (1) nonuse for 3 consecutive years, and (2) nonuse for 3 years for the specific beneficial purpose authorized in the permit or license.69 This interpretation is somewhat doubtful since the section does not use a conjunctive. Applying forfeiture for nonuse to a situation where the water is not being used for the specific authorized purpose is admittedly unusual, and it is conceivable that the court will, therefore, give the statute the broader meaning which has been suggested. Assuming that there do exist two separate grounds for forfeiture, the question arises whether the forfeiture provision includes water rights preserved by filing before December 31, 1958, or is limited to water rights evidenced by permits acquired after that date. Again, it has been suggested by the same writer that only permits or licenses are within the purview of the act, so that prior water rights are not in fact subject to forfeiture.70 Whether this is correct is again debat- able. In any event, if there is a forfeiture for failure to use the water for the "specific beneficial purpose," it is clear that in such situations only permits or licenses are affected. But, to the extent that the statute recognizes forfeiture for nonuse alone, it seems equally clear that forfeiture would apply to prior uses preserved by filing or established by an order of determination. It should be noted that the forfeiture statute allows an extension of nonuse to be granted by the board, without loss of the water right or its priority.71 Presumably this must be for "good cause," although the section gives no guidelines for administrative action. While the statute does not mention situations in which nonuse may be excused, 66 See Champion, note 1, at 31. 87 Sec. 5956-2S. 68 Sec. 5956-06. 69 See Champion, note 1, at 23. 70 See Champion, note 1, at 25. i Sec. 5956-06. |
