...people of the state, subject to appropriation as hereinafter provided. " Sec. 6. The right to divert unappropriated waters of any natural stream to beneficial...between those using the water for the same purpose. * * * " " Sec. 3. The general assembly shall provide by law that the board of county commissioners,...

...rest upon something more substantial than the mere will of the carrier. The constitutional rule that 'priority of appropriation shall give the better right...between those using the water for the same purpose' must never be overlooked, though a variety of circumstances and conditions may have to be taken into...

...rest upon something more substantial than the mere will of the carrier. The constitutional rule that " priority of appropriation shall give the better right,...between those using the water for the same purpose," must never be overlooked, though a variety of circumstances and conditions may have to be taken into...

...consideration may be stated thus: Does the 'priority appropriation,'.which the constitution declares 'shall give the better right as between those using the water for the same purpose,' apply to the individual consumer taking the water through the agency of an artificial stream, or is...

...public use and subject to the regulation and control of the state. Section 2. The right to appropriate the unappropriated waters of any natural stream to beneficial uses shall never be denied. Section 3. The use of all waters now appropriated for sale, rental, or distribution, also of all waters...

...except by authority of and in the manner prescribed by law. Sec. 3. The right to divert and appropriate &, &, but when the waters of any natural stream are not sufficient for the service of all those desiring...

...by authority of and in the manner prescribed by law. " Sec. 3. The right to divert and appropriate the unappropriated waters of any natural stream to...the better right as between those using the water; but when the waters of any natural stream are not sufficient for the service of all those desiring...

...by authority of and in the manner prescribed \>y Uiw. S»-c. 3. The right to divert and appropriate f g c d m M N O Q h i ri;:\it as between those using the water; but when the waters of any natural stream are not sufficient...

...parties to the water In controversy. It Is declared In the state constitution, (article 16. § 6:) "Priority of appropriation shall give the better right...between those using the water for the same purpose." The supreme court of this state. In Thomas v. Guiraud, 6 Colo. 532, declared, "The true test of the...

...2. WATER RIGHTS— CONSTITUTIONAL LAW. Section 6, art. 16 of the Constitution, which provides that " priority of appropriation shall give the better right, as between those using the water for the same purposes," applies to the respective rights of different parties, claiming the same interest adversely....