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Show 816 WYOMING less than 5 years and, for good cause shown, may extend any or all of these periods.63 After the applicant has constructed his works and placed the water to beneficial use, he must then submit final proof of appropriation to the division superintendent of the water division where the use is made.64 Notice of the proof is published and, if ob- jected to by any other user, a hearing is held and the testimony and evidence received from the parties is transmitted to the board of control.65 The board considers the proof and, if satisfied that there are no conflicts with other rights and that the appropriation has been completed in accordance with the permit, the board issues a certificate of appropriation which is recorded with the county clerk where the land upon which the water is used is situated, and the certificate constitutes evidence of an adjudicated right to use water. Provision is made for the correction of clerical errors in permits or certificates.66 The priority of the right shall date from the time the application was filed.67 f. JUDICIAL REVIEW OF ADMINISTRATIVE DECISION Any person aggrieved by the endorsement made by the State engi- neer upon his application may, within 60 days, appeal such endorse- ment to the board of control. Decisions of the board may be appealed to the district court.68 g. RIGHTS-OF-WAY The Wyoming constitution provides that private property may be taken by any person for ditches, drains, flumes, or reservoirs upon the payment of compensation.69 An easement for use of an irrigation ditch may be acquired by prescription.70 The owner of a ditch has the duty to maintain it so as to prevent flooding and damage to property of others.71 Where a ditch is jointly owned, one owner may maintain an action if the joint owner fails to pay his proportionate share of maintenance costs.72 3.2 Nature and Limit of Bights a, NATURE OF RIGHT ACQUIRED The Wyoming court has defined a water right as the right to use water of the State when such use has been acquired by the beneficial application of water under the laws and rules and regulations of the State.73 A Federal district court in Wyoming, in discussing the nature of a water right, stated that a water right is a property right which cannot be abridged without infringing upon the constitutional rights of the owner.74 However, the title of the appropriator is not «Wyo. Stat., sec. 41-206. MWyo. Stat., sec. 41-211. ^Wyo. Stat., sees. 41-176, 41-179. "Wyo. Stat., sees. 41-211, 41-213. 67 Wyo. Stat., sec. 41-212. ««Wyo, Stat., sec. 41-216. 89Wyo. Const, art. I, sec. 32. ™ White v. Wheatland Irr. Dist., 413 P. 2d 252 (1966). nWyo. Stat., sec. 41-217, 72 Wyo. Stat., sec. 41-218. 73 Wyoming Hereford Ranch v. Hammond Packing Co., 33 Wyo. 14, 236 Pac. 764 (1925). M Hughes v. Lincoln Land Co., 27 F. supp. 972 (D. Wyo. 1939). |