All water used in this state for irrigation purposes shall remain appurtenant to the land upon which it is used: Provided, that if for any reason it should at any time become impracticable to beneficially or economically use water for the irrigation of any land to which the right of use of same is appurtenant, said right may be severed from said land, and simultaneously transferred, and become appurtenant to other land, without losing priority of right theretofore established, if such change can be made without detriment to existing rights, on the approval of an application of the owner to the Board. Before the approval of such application, the applicant must give notice thereof by publication once a week for two (2) consecutive weeks in a newspaper or newspapers of general circulation in the county or counties in which each tract of land is located. The notice shall be in the form prescribed by the Board and shall include the name of the applicant, the date, time and place and kind of use and a description of the nature of the proposed change. The final publication of the notice shall precede the date of the hearing by at least thirty (30) days. After proof of notice and hearing, the Board shall issue its order. The order may deny or grant the application in whole or in part upon such conditions as are necessary to preserve the rights of the parties. Any person aggrieved by the order may seek relief as provided for in The Administrative Procedures Act.
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