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Show 458 THE APPROPRIATIVE RIGHT management and distribution of the water back to them according to their respective rights.107 In such case, a right that was held and exercised under one title before the conveyance is held and exercised under a (formally) different title afterward. The water right remains appurtenant to the land. The "mere use of water with land for its benefit" does not make the water right appurtenant to such land. A thing is deemed to be appurtenant to land when it is by right used with the land for its benefit.108 The use of water by a trespasser on the land of another does not make the water appurtenant to the land on which it is wrongfully used.109 (3) Colorado. "It is recognized in this state that water may or may not be appurtenant to land."110 Irrigation water rights, even though appurtenant to the lands in connection with which the rights were acquired, cannot be held to be inseparably annexed thereto.111 On the contrary, the principle is established that the right to use water is a property right which may be sold and transferred separately from the land in connection with which the right was acquired, so long as the rights of others are not injuriously affected thereby.112 "The ownership of a prior right to the use of water is essentially different from the ownership of stock in an irrigation company." A stockholder in such a company who makes actual application of water from the company's ditch to a beneficial use may, by means of such use, acquire a prior right thereto. But his title to the stock without such use gives him no title to the water priority. If he has a priority and wishes to transfer it, he can grant it only to someone who will continue to use the water.113 (4) Kansas. The water right "is a real property right appurtenant to and severable from the land on or in connection with which the water is used * * *."114 (5) Montana. The general rule is that a water right acquired by appropria- tion and used for a beneficial and necessary purpose in connection with a given tract of land, is an appurtenance thereto.115 But this is not invariably so. Under some circumstances, the water right may not be appurtenant to the land on which the water is being used.116 Claims that water rights had become appurtenant to certain lands or other properties were denied by the Montana Supreme Court in several cases.117 107In re Thomas'Estate, 147 Cal. 236, 242, 81 Pac. 539 (1905). l08Gause v. Pacific Gas & Elec. Co., 60 Cal. App. 360, 374, 212 Pac. 922 (1923). 109 Aha Land & Water Co. v. Hancock, 85 Cal. 219, 228, 24 Pac. 645 (1890). 110 Hastings & Heyden Realty Co. v. Gest, 70 Colo. 278, 283, 201 Pac. 37 (1921). 111 Oppenlander v. Left Hand Ditch Co., 18 Colo. 142, 151, 31 Pac. 854 (1892). il2Strickler v. Colorado Springs, 16 Colo. 61, 70, 72, 26 Pac. 313 (1891). 113Combs v. Agricultural Ditch Co., 17 Colo. 146, 151-152, 28 Pac. 966 (1892). 114Kans. Stat. Ann. § 82a-701(g) (1969). ilsLeggat v. Carroll, 30 Mont. 384, 387, 76 Pac. 805 (1904). ll6Maclayv.MissoulaIrr. Dist., 90 Mont. 344, 353, 3 Pac. (2d) 286 (1931). 117Smith v. Denniff, 24 Mont. 20, 28-29, 60 Pac. 398 {19m); Leggat v. Carroll, 30 Mont. 384, 387, 76 Pac. 805 (1904); Bullerdick v. Hermsmeyer, 32 Mont. 541, 553, 81 Pac. |