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Show -59- The atmosphere of water rights had been thus cleared up by the Supreme Court before Congress provided for the admission of arid Utah into the Union under a disclaimer of interest in the public lands of the United States., -with a state constitution confirming all existing rights to the use of any waters in the state for beneficial purposes--thus establishing the right of prior ap- propriation as the public policy of that state-and with a constitutional dis- ability imposed upon municipal corporations in respect to selling or disposing of any water rights then owned or subsequently acquired by them.139 Following the admission into the Union of arid states committed to the doctrine of prior appropriation of water for beneficial uses,, and the growth of population and industry within those states made possible only by that sovereign rights previously granted to private persons, because "These grants were in legal effect subject to all times to the paramount right of the State as trustee for the public to divert a portion of the waters for public uses, and they were also subject to the rights in regard to navigation and commerce existing in "the General Government under the Constitution of the United States," St. Anthony Falls Water Power Co. v« Board of Water Commr's of St. Paul, 168 U. S. 349, 372* 18 Sup. Ct. 157, 166., 42 L. Ed. 497, 505-506 (1897). Fallbrook Irr. Dist. v. Bradley, 164. S. 112, 17 Sup. Ct. 56, 4l L; Ed.' 369 (1896), rev'g 68 Fed. 948 (C.C. Cal. 1895)5 Clark v. Nash, 198 U. S. 361 9 25 Sup. Ct, 676, 49 L» Ed. 1085 (1905), aff'g 27 Utah, 158, 75 Pac. 371, 101 Am. St. Rep, 953 (19OI4.). *"utah was admitted into the Union in the year I896. Proclamation of Jan. 2+, I896, 29 Stat. at L« 876, 6 Thorpe*s Constitutions, 3699, pursuant to an enabling act passed in 1892;. Act of July 16, I89I+, c. 138, 28 Stat. at L. 107, 6 Thorpe's Constitutions, 3693. The Utah constitution provides as follows: Art. XVII, Par. 1« -"All existing rights to the use of any of the waters in this state for any useful or beneficial purpose are hereby recognised and con- firmed." 6 Thorpe's Constitutions, 3728, Art. XI, Par. 6.-«*llNo municipal corporation shall directly or indirectly lease, sell, alien or dispose of any waterworks, water rights, or sources of* water supply now or hereafter to be owned or controlled by it, but all such "water- works, water rights, and sources of water supply now owned or hereafter to be acquired by any municipal corporation shall be preserved, maintained, and operated by it for supplying its inhabitants with water at reasonable charges? Provided, That nothing herein contained shall be construed to prevent any siach municipal corporation from exchanging water rights or sources of water suppLy for other water rights or sources of water supply of equal value, and to be devoted in like manner in the public supply of its inhabitants." 6 ThorpeTs Constitutions, 3722. "^United States v. Rio Grande Dam & Irri. Co., 17U U. S* 69O, 19 Supc Ct* 770, 2+3 L. Ed. II36 (I899), rev»g 9 N.M. 292, 51 Pac. 672+, (I898), where the* conclusions of the Court are stated as follows (quoting from the headnote in 1+3 L. Ed. II36): |