" This was in effect what the federal district court for the district of Wyoming did in Hughes v. Lincoln Land Co., 27 F. Supp. 972, 973-974 (1939). The land company had without previous authority from the board of control or otherwise commenced using water on a different section of land from that for which it had been acquired.
See on that point also Clague v. Tri-State Land Co., 84 Nebr. 499, 121 N.W. 570, 133 Am. St. Rep. 637; Vonburg v. Irrigation District, 132 Nebr. 12, 270 N.W. 835; Enterprise v. Willis, 135 Nebr. 827, 284 N.W. 326; Prosole v. Canal Co., 37 Nev. 154, 140 P. 720, 721; Crescent Canal Co. v. Dev. Co., (Cal.App.) 110 P.2d 1006, 1009; Stanislaus v. Bachman, 152 Cal. 716, 93 P. 858, 864; Germain Irrigation Ditch Co. v. Hawthorne Ditch Co., 32 S.D. 260, 143 N.W. 124; Butte County v. Lovinger, 64 S.D. 200, 266 N.W. 127, 132. Judge Kennedy said in Hughes v. Lincoln Land Company, 27 F. Supp. 972, speaking of the statute of 1909, that "considering the fact that in Johnston v. Little Horse Creek Irrigation Company, supra ( 13 Wyo. 208, 79 P. 22, 70 L.R.A. 341, 110 Am. St. Rep. 986), it is held that the right to the use of water based upon a prior appropriation for beneficial purposes is a property right, it would seem that no statute which the state might subsequently pass could abridge that property right or reduce its value without intrenching upon the constitutional right of the owner." However, we do not think it is necessary to decide the point herein.