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r'-l....,~) rI'j', j ." tJ '- ,- j. l I l , ~ ',1 I i " DRAFT dependent upon the demonstration that the water is applied to a beneficial use and is irrespective of location of the land where the water is applied. Water rights in stream water do not in anyway depend on ownership of land bordering on a stream or land through which a stream may run. Since the valid water rights depend soley upon use, the water, may be transported to land or to an area far removed from a stream for this use, even into an entirely different watershed. The right to stream water or surface water also depends on the time at which the water was diverted for its beneficial purpose. A water right is valid only when it does not interfere with, or damage, the right of another who has a prior claim to the same water. He who first diverts water for beneficial use has the better right, and other rights of sub- seauent ~~propriatorA are. r;;11bject to his-.. In t:'::l'3e 0f a shortage .of T\'ate~ ~ the 11test appropriators are required to relinquish their water to the prior appropriators in order that the latter's claim may be fully satisfied. The maxim "first in time, first in right" is an accurate translation of this doctrine. One has a right only to that amount of water that can, and is, being used beneficially. This is clear under this doctrine that all water is to be used and none is to be wasted. There is no intention to maintain the flow of water in the stream. Every available drop can be utilized, even to the extent of drying up the stream itself. Surplus waters are subject to appropriation. If one fails over a period of time to use water to which he has laid claim, he loses his water right and another may appropriate that water. The following exerpt is taken from Article I of the Arizona State Water Code: "The water of all sources, flowing in streams, canyons, 2.