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Show WYOMING 817 to the corpus of the water while flowing in its natural channel, but rather is the right only to divert and "use" the specified amount for a beneficial purpose.78 b. MEASURE OF THE RIGHT While the prior appropriator is entitled to receive his entire sup- ply before junior rights can be satisfied, he cannot complain or inter- fere with the rights of junior appropriators on the stream so long as he is receiving the quantity and quality of water to which he is entitled.76 Further, beneficial use is the basis, the measure, and limit of all rights to use water.77 Use for irrigation is limited to beneficial need, regardless of the carrying capacity of the canal.78 The U.S. Supreme Court, in a case which arose in Wyoming, stated that an appropria- tion which is not useful is of no effect under the laws of Wyoming.79 The Wyoming Supreme Court has stated that a water user is limited to that quantity reasonably necessary for his beneficial purposes. The user of direct now cannot divert water in excess of his beneficial re- quirements and the owner of a reservoir cannot store more water than can be beneficially used.80 There are statutory provisions which specify a duty for irrigated lands in rate of flow.81 The Wyoming court has announced that it may be assumed that the maximum use prescribed by the statute has generally been found to be sufficient and, in the absence of other satisfactory evidence, the statute should be followed.82 But in the case of territorial decreed rights, the Wyoming court ruled that a use of water in excess of the amount prescribed by statute is not necessarily a waste of water.83 In order to bring about a more economical use of the available water supply, the users may agree to rotate the use of the water, if such rotation can be made without injury to other appropriators.84 C. RELATION OF WATER TO LAND Water may be appropriated for use on the public domain as well as on private property.85 However, a right initiated by a trespasser is voidable by the owner of the land.86 Water which is appurtenant to a particular tract of land passes with a conveyance of the land and, except under certain conditions, rights to unstored natural floodwaters cannot be detached from the land.87 However, the statute making direct flow rights appurtenant to the land was not enacted until 1909 and, prior to that time, a 75 Farm Investment Co. v. Carpenter, 9 Wyo. 110, 61 Pac. 258 (1900). m Mitchell Irr. Diet. v. Whiting, 59 Wyo. 52, 136 P. 2d 502 (1943). "Wyo. Stat., sec. 41-2. 78 Wyo. Stat., sec. 41-47, ™Tde v. United States. 263 U.S. 497 (1924). 80 Quinn v. John Whitaker Ranch Co., 54 Wyo. 367, 92 P. 2d 568 (1939) ; Kearney Lake. Land & Res. Co. v. Lake DeSmet Res. Co., 475 P. 2d 548 (1970). 81 Wyo. Stat., sees. 41-181 to 41-188. 88 Nichols v. Hufford, 21 Wyo. 477, 133 Pac. 1084 (1913). 83 Quinn v. John Whitaker Ranch Co., 54 Wyo. 367, 92 P. 2d 568 (1939). 84 Wyo. Stat., sec. 41-70. 85 Farm Investment Co. v. Carpenter, 9 Wyo. 110, 61 Pac. 258 (1900). ^Scherck v. Nichols, 55 Wyo. 4, 95 P. 2d 74 (1939). 87 Wyo. Stat., sec. 41-2; Big Goose and Beaver Ditch Co. v. Wallop, 382 P. 2d 388 (1963). |