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Show 818 WYOMING water right could be severed and sold independent of the land itself.88 By statute, reservoir rights to water do not attach to any par- ticular land, unless such attachment is created by deed or other instrument conveying such water or water rights.89 The primary purpose of this statute was to allow the transfer of reservoir rights from one tract of land to another.90 However, if a landowner con- veys the land with all appurtenances, without reserving such reser- voir rights as are appurtenant to the land, the reservoir rights pass with title to the real property.91 d. TYPES OF TJSE RECOGNIZED Water may be appropriated in Wyoming for any recognized bene- ficial use;92 however, there is no exhaustive definition of the types of uses deemed beneficial, either by statute or judicially. Wyoming recognizes preferred uses-preferred uses shall include rights for domestic and transportation purposes, steam powerplants, and industrial purposes. Existing rights not preferred may be con- demned to supply water for preferred uses. Preferred uses mav exer- cise preference rights in the following order: first, water for drinking purposes for both man and beast; second, water for municipal pur- poses ; third, water for the use of steam engines and for general rail- way use, water for culinary, laundry, bathing, refrigerating (in- cluding the manufacture of ice), for steam and hot water heating plants, and steam powerplants; and, fourth, industrial use. Water used for irrigation shall be superior and preferred to any use where water turbines or impulse water wheels are installed for power pur- poses. The preferred use of steam powerplants and industrial pur- poses are not granted the power of condemnation. Provision is made for securing approval of a change if the new use will be a preferred use, after public notice, inspection, and hearings, if necessary.93 The criteria for approval of such changes is discussed in the next section dealing with changes and transfers. 3.3 Changes, Sales, and Transfers By statute, water rights for the direct use of the natural unstored flow of any stream cannot be detached from the land, place, or pur- pose for which they are acquired, except for changes to preferred uses.94 This legislation was enacted in 1909 and reversed the ruling of an earlier Wyoming Supreme Court decision which had held that water rights were generally transferable.95 While the effect of the 1909 legislation on pre-1909 rights has never been ruled on by the Wyoming Supreme Court, a Federal court, in allowing a right ac- quired under territorial law to be changed to different parcels of the owner's land, stated that it would seem that this statute could not **Hunziher v. Knowlton, 78 Wyo. 241, 322 P. 2d 141 (1958). 89Wyo. Stat., sec. 41-37. 80 Sturgen v. Brooks, 73 Wyo. 436, 281 P. 2d 675 (1955). ^Sturgen v. Brooks, 73 Wyo. 436, 281 P. 2d 675 (1955). 93 Wyo. Stat., sec. 41-2. 83 Wyo. Stat., sec. 41-3 and 41-4. 94 Wyo. Stat., sec. 41-2. *s Johnson v. Little Horse Creek Irr. Co., IS Wyo. 208, 79 Pac. 22 (1904). |