can, under appropriate circumstances, be a legitimate appropriation. {54} Thus, we hold that the OSE has the authority to determine whether a new non-consumptive beneficial use would or would not have any impact on the “available water” in a fully appropriated basin and whether it could be allowed under Section 72-5-7. We are not aware of any appropriations being permitted for overlapping or concurrent non-consumptive, beneficial uses of the same water, even in a system that is fully appropriated with regard to consumptive use. With this in mind, we also comment that appropriation for a new non-consumptive use conveys not only the right to the use, but protection of that right against other subsequent appropriators for non-consumptive use. See Comm'r of Pub. Lands, 2009-NMCA-004, ¶ 15 (<HOLDING>). The importance of an appropriation to protect
holding that until the state issues a certificate of appropriation any right to use the water remains inchoate recognizing validity of water rights appropriated on public domain for use on school trust land even though appropriator did not own or intend to patent place of use holding that appropriation protects the right of an earlier appropriator to the extent of his beneficial use against a later appropriator recognizing validity of water right appropriated to irrigate land appropriator only occupied on public domain holding that permits only give the applicant an inchoate or contingent right to put the water to a beneficial use