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Show 456 MONTANA of supply, in an action affecting the use of such waters, be j>rima facie evidence of the facts found in the decree.74 Nevertheless, diversion of water from adjudicated waters, when the water is needed by another, without first complying with the terms of the adjudication law, is made a misdemeanor and punishable by fine.75 Furthermore, all water appropriated from any "stream, creek, spring, canyon, river, or ravine" in which the water rights have been adjudicated and decreed is subject to the decree entered in the adjudication.76 3.2 Nature and Limit of Bights The use of water in Montana is declared to be a public use.77 Own- ership of water, itself, is in the people of the State.78 That which is susceptible of appropriation is merely a right of use of the water.79 The right of use, once fully perfected, however, becomes a property right in the owner.80 The principal measure and limit of the right is the concept of beneficial use. Beneficial use defines the types of purposes or uses for which water may be appropriated, that is, for domestic, municipal, industrial, irrigation, and recreational uses. Beneficial use also com- prehends requirements of efficiency. Hence, the right of an appropri- ator is not measured entirely by the amount of water he claims for use, but the amounts he actually and reasonably needs and uses over reasonable periods of time, which, in turn, depend on particular circumstances, as for example, in the case of irrigation, the character of the soil, the type of crop and the amount of natural rainfall.81 3.3 Changes, Sales, and Transfers A water right is a property right and may be sold and transferred as such. Where the right is appurtenant to land, a conveyance of the land with appurtenances transfers the water right with the convey- ance.82 Similarly, where the right is nonappurtenant it is a proper subject of transfer apart from land.83 The point of diversion, place of use and purpose of use of water may be changed "if others are not thereby injured."84 The burden is on the party alleging injury from a change of water right to show such injury.85 The Montana Supreme Court has held that the owner of a water right having several ditches for irrigating his lands may use any of the several ditches so long as other users are not injured by the practice.86 i* Sec. 89-839, Repl. vol. 6 (part 1), R.C.M., 1947. 75 Sec. 89-836, Repl. vol. 6 (part 1), R.C.M., 1947. 78 Sec. 89-840, Repl. vol. 6 (part 1), R.C.M., 1947. 77 Mont. Const., art. Ill, sec. 15. ™Norman v. CorUey, 32 Mont. 195, 79 Pac. 1059 (1905). 79 Oalahan v. Lewis, 105 Mont. 294, 72 P. 2d 1018 (1937). 80 Osnes Livestock Co. v. Warren, 103 Mont. 284, 62 P. 2d 206 (1936). 81 Federal Land Bank v. Morris, 112 Mont. 445, 116 P. 2d 1007 (1941) ; Irion v. Hyde, 107 Mont. 84, 81 P. 2d 353 (1938). 82 Osnes Livestock Co. v. Warren, 103 Mont. 284, 62 P. 2d 206 (1936). 83 Id. 84 Sec. 89-803, Repl. vol. 6 (part 1), R.C.M., 1947. 85 Thrasher v. Mannix, 95 Mont. 273, 26 P. 2d 370 (1933). 89 Tucker v. Missoula Light & Ry. Co., 77 Mont. 91, 250 Pac. 11 (1926). |