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Show 33 to real property.128 It has been said that a right by appropria- tion to the use of water has "all the dignity of and is an estate of fee simple, or a freehold."129 On numerous occasions and in a variety of ways, the United States has acquired rights to the use of water. By cessions from France, Spain, Mexico, Great Britain, Texas, and the Indian Tribes, huge territories were acquired by the United States. With these cessions, the United States became the owner, subject to private rights already vested, of the land and of at least the right to use the waters.130 In this con- nection, Vattel has said: 131 When a nation takes possession of a country, with a view to settle there, it takes possession of everything included in it, as lands, lakes, rivers, etc. Also, the United States has acquired rights to the use of water by voluntary purchase.182 Likewise, acquisitions have been ac- complished through the exercise of the power of eminent do- main.183 Significance in the West.-The importance of the Property Clause to the development, utilization, and conservation of water resources has special significance in the development of the West. Reporting to Congress with reference to the disposal of the public domain, Alexander Hamilton stated that "convenient tracts shall, from time to time, be set apart for the purpose of locations by actual settlers, in quantities not exceeding, to one person, one hundred acres."134 Similarily, in 1785 Thomas ™Id. §283, pp. 298-299. m Id. §285, p. 301. 18D2 Kinney, Irrigation and Water Rights, 1112 (2d ed. 1912). m Vattel, The Law of Nations ob Principles of the Law of Nature Ap- piied to the Conduct and Affairs of Nations and Sovereigns, Bk. I, ch. XXII, § 266, p. 120 (Chitty's 5th American ed. 1839). *** See, e. g., United. States v. Qerlach Live Stock Co., 339 U. S. 725, 740 (1950). m See, e. g., International Paper Co. v. United States, 282 U. S. 399, 408 (1931). m American State Papers : Pubijc Lands, vol. 1, p. 8 (Lowrie and Clarke ed. 1832). |