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<br />Uses considered "beneficial" vary from state to state. Recog-
<br />nizing that the term must be applied pragmatical~, the states
<br />have generally considered beneficial uses to include a variety
<br />of productive uses such as mining, irrigation, domestic and
<br />municipal uses, industry, power production, stockwatering, and,
<br />more recently, wildlife preservation and recreation. 111 See
<br />id. Some states have established statutory preferences
<br />to be given effect if there are competing applications for new
<br />uses that exceed the available unappropriated water supply.
<br />These preferences do not generally affect past or existing
<br />uses. gl
<br />
<br />Second, the water must be "appropriated," or reduced to
<br />possession. As a general rule, appropriation may be
<br />accomplished only by a physical diversion of a stream or
<br />capture of ground water. Although some states recognize
<br />exceptions f~r uses such as stock watering and irrigation by
<br />natural overflow, uses of a whole stream or lake, without
<br />diversion, for purposes such as maintenance of minimum in-
<br />stream flows to preserve fish and wildlife or for recreation
<br />are often not recognized. See 5 Clark, supra, S 409.2.
<br />
<br />III The Montana and Washington water codes contain examples
<br />of broad definitions of beneficial use:
<br />
<br />.Beneficial use" . . . means a use of water for the
<br />benefit of the appropriator, other persons, or the
<br />public, including but not limited to, agricultural
<br />(including stock water), domestic, fish and wild-
<br />life, industrial, irrigation, mining, municipal,
<br />power and recreational uses.
<br />
<br />Mont. Rev. Code 1979 S 85-2-102(2).
<br />
<br />Uses of water for domestic stock watering, industrial,
<br />commercial, agricultural, irrigation, hydroelectric
<br />power production, mining, fish and wildlife
<br />maintenance and enhancement, recreational, and
<br />thermal power production purposes, and pre-
<br />servation of environmental and aesthetic values,
<br />and all other uses compatible with the enjoyment
<br />of the public waters of the state, are declared
<br />to be beneficial.
<br />
<br />Wash. Rev. Code Ann. S 90.54.020.
<br />
<br />121 ~, ,!.!l,., Ariz. Rev. Stat. Ann. S 45-147B (West Supp.)
<br />Trelative values are (1) domestic and municipal: (2) irrigation
<br />and stock watering; (3) power and mining; and (4) recreation
<br />and wildlife, including fish): Wyo. Stat.S 4l-3-l02 (1977);
<br />5 Clark, supra, SS 408.1, 408.4.
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