“ From this summary it is apparent that for short and irregular periods, mostly outside the irrigation season, the ravine has a natural flow, but that this water is not susceptible of useful appropriation. In Wyoming an appropriation which is not useful is of no effect, for under the law of that state beneficial use is the basis, measure and limit of all appropriation. Comp. Stat. 1910, § 724. It follows that the asserted appropriations from the ravine are of no effect, unless they confer or carry some right in the artificial flow. ”

“ The patents issued by the state for the tracts in the school section all contain a clause showing that the title was transferred subject to all rights of way granted under the laws of the state 'or reserved to the United States.' A contention is made that the statute and the reservation in the patents are confined to ditches constructed while the state owned the land. ”

“ At all other times the ravine is naturally dry. The flow from melting snow ceases before the irrigation season begins, and topographical conditions are such that it is not practicable to collect and store the water. The defendants have not attempted to do so. The flow from rain is of such short duration and so uncertain that no practical use can be made of it.
As before stated, soon after the project irrigation began, seepage therefrom caused an artificial flow. ”

“ At an early stage of the investigations Congress became solicitous lest continued disposal of lands in that region under the land laws might render it difficult and soctly to obtain necessary rights of way for canals and ditches when the work was undertaken. ”