Basin Electric Power Cooperative v. State Board of Control

I do not disagree with many of the basic legal propositions stated by the majority. I accept their interpretation of the change-of-use statute1 as one intended to restrict the extent of a water right which can be transferred to a new use to that quantity'of water which historically has been consump-tively used under the right sought to be transferred. However, I deny that the legislature may constitutionally so limit a pre-19092 right which, as I read the decision of this court in Johnston v. Little Horse Creek Irrigating Co., 13 Wyo. 208, 79 P. 22 (1904), constituted a property right to the…