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Show 402 APPROPRIATION OF WATER (2) Idaho. "The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied, except that the state may regulate and limit the use thereof for power purposes."873 The last clause, respecting power purposes, was added by amendment in 1928. (3) Nebraska. "The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest."874 This section was adopted in 1920. (4) Wyoming. "No appropriation shall be denied except when such denial is demanded by the public interests."875 What are the results of these mandates in the fundamental laws? •J' Colorado has no administrative procedure for control over the acquisition of appropriative rights, exclusive in its operation, under which a State agency may choose among applications for permits and reject those which fail to meet the statutory requirements, thus preventing an applicant from making his" desired appropriation. y Idaho has an administrative procedure which, however, is not exclusive in its operation. An application for a permit which fails to measure up to the standards may be rejected. This prevents the applicant from obtaining a permit to make his appropriation under the statutory procedure. But unless the proposed appropriation is for power development, which the State may control and regulate, the applicant is not precluded from appropriating water by diversion and application to beneficial use without regard to the statutory requirements. The constitutional inhibitions in Nebraska and Wyoming against denial of the right to appropriate water contain only one exception-conflict with the public interest. However, if certain other unfavorable conditions exist-such as insufficient water supply, or conflict with preexisting rights-issuance of permits is not conducive to the public welfare. The Wyoming water rights statute includes both of these conditions, together with threat of detriment to the public interest, as grounds for rejection of applications. And in Nebraska-the water rights law of which as originally enacted and in its present form states that "The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied," but without the constitutional exception added in 1920 concerning public interest demands-the statute specifically recognizes that approval of an application if there is no unappropriated water in the source of supply is not conducive to the public welfare.876 In both States, rights obtained by applicants may be specifically qualified and limited by the administrators. 873Idaho Const., art. XV, § 3. 874 Nebr. Const, art. XV, § 6. 875 Wyo. Const, art. VIII, § 3. 876 Wyo. Stat. Ann. §§ 41-203 and 41-206 (1957); Nebr. Rev. Stat. §§ 46-204,46-234, and 46-235 (1968). "If there is unappropriated water in the source of supply named in the application, and if such application and appropriation when perfected is not |