Section 40
SEC. 40. The right to use of water for irrigation purposes shall remain appurtenant to the land for which the said right of use is established. If, however, it should at any time become impracticable to use all or any part of said water beneficially or economically for the irrigation of any land to which the right of use of the same is appurtenant, all or any part of said right may be severed from the said land and simultaneously transferred and become appurtenant to other land, without, losing priority of right heretofore established: Provided, That no such transfer shall be made at. any time to the detriment of existing rights. The appropriates desiring such transfer shall make application for the same through the Director of Public Works to the Secretary of Commerce and Police and notice of such application shall be published as provided in section fifteen hereof. If no detriment to existing rights shall appear, the Secretary of Commerce and Police shall approve said transfer, and certificates of same shall be issued and recorded in the manner provided in section nine hereof.