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Show the Union -"-"8" imposed no conditions except that the State make the usual dis- claimer of any interest in^ or of any right to control ,> the public lands of the United States, the first state constitution declared the water of every natural stream (not previously appropriated) to be the property of the State of Colorado, dedicated to the use of its people and preferentially available to the first takers for beneficial uses in this order? domestic consumption agricultural purposes manufacturing-ths last named use probably including mining» The right of eminent domain was extended to cover the construction of ditches canals and flumes for conveying water for any of the uses above mentioned, or for drainage, milling or sanitary purposes 117 The doctrine of prior appro- priation as opposed to riparian rights was old in the municipal law of the sovereigns whose rule had preceded that of the United States in the larger territory out of which Colorado was constructed; 118 but in the adoption of that principle, with preferential uses clearly defined, as fundamental law,, the state set a precedent destined to spread widely and wrinkle many a judicial brow in this generally common law country,. And not the least of this perturbation was to arise from the simple fact that the United States, as preceding sovereign retaining the vast areas of public lands within the state, remained beyond the sovereign power of Colorado exclusively to appropriate the waters that were on those government lands and give them to citizens of the new State at pleasure, 762, 24 L Ed. 313 (1877), aff'g Fed Cas. #4924. (C.C. Nev. 1877; Jennison v. Kirk. 98 U.S. 453,' 25 L« Ed, 240 (1879); Broder v, Watoma ^ater & Min. Co,, 101 U«Sc 27J4., 25 L. Ed. 790 (I879), afftg 50 CaU 621 (1875). xxuoAcrt of .Mar • 3& I875, c9 139, 18 Stat. at Jjwhlk* 117 'Art, II, Pare II4. (Bill of Rights) of the first, and present constitution of Colorado is as follows? "That private property shall not be taken for pri- vate use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or saxutary.purposes." Arto XTVI provides as followsj Sec* 5~-trThe water of every natural stream, not heretofore appropriated within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of -fche state, subject to appropriation as hereinafter provided* SeCo 6-«nThe right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desixing the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the \mter for agricultural purposes shall have preference over those using the same for manufacturing purposes* Sec* 7-"All persons and corporations shall have the right of way across public, private and corporate lands for the construction of ditohes, canals and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage^ upon payment of just compensation* Sec. 8?--"The general assembly shall provide by law that the board of county commissioners in their respective counties, shall have power, when application is made to them by either party interested, to establish reasonable maximum |