...dedicated to the use of the people of the state, subject to appropriation, as hereinafter provided. Sec. 6. The right to divert the? unappropriated waters of...Priority of appropriation shall give the better right, a« between those using the water for the same purpose; but, when t!:e waters of any natural stream...

...people of the state, subject to appropriation as hereinafter provided. "Sec. 6. The right to divert unappropriated waters of any natural stream to beneficial...shall give the better right as between those using the waterfor the same purpose; but, when the waters of any natural stream are not sufficient for the service...

...provided." And article Hi, § tí: "The right to divert unappropriated waters of any natural stream for beneficial uses shall never be denied. Priority of...appropriation shall give the better right as between those usinu the water for the sume purpose: but, when the waters of any natural stream are not sufficient...

...to the water In controversy. It Is declared In tho state constitution, (article 10, § 6:) "Prlorltj of appropriation shall give the better right as between those using the water for the same purpose." The supreme court of this state, in Thomas v. Guiraud, 0 Colo. 632, declared, "The true test of the...

...state. This argument is based upon the language used in section 3: "The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses shall never be denied." Whether the right to appropriate water from the streams of this state can be acquired in any method...

...RESEBVOIR — DIVERSION. Section 6 of article 16 of the constitution, providing that "the right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied ;" and that "priority of appropriation shall give the better right as between those using the water...

...different. The sixth and seventh sections of article 16 of the constitution of that state read: "Sec. 6. The right to divert the unappropriated waters of any...better right, as between those using the water for tin; same purpose; but when the waters of any natural stream are not sufficient for the service of...

...different. The sixth and seventh sections of article 16 of the constitution of that state read: "Sec. 6. The right to divert the unappropriated waters of any...give the better right, as between those using the waterier the same purpose; but when the waters of any natural stream are not sufficient for the service...

..."The right to divert unappropriated waters of any natural stream to beneficial uses shall never lie denied. Priority of appropriation shall give the better...between those using the water for the same purpose. * * *" The maxim expressio unius est exclusio nlterius is here invoked. It is claimed that when the...

...any natural stream to beneficial uses shall never he denied. Priority of appropriation shall givethe better right as between those using the water for the same purpose. * * *" The maxim expressio unius est excluslo alterius is here invoked. It is claimed that when the...