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Show •6k-. State of Washington by their first constitution extended the right of eminent domain to cover the construction of private ways for conveying -water to "be used for agricultural, domestic or sanitary purposes; declared the use of waters for irrigation, mining and manufacturing purposes a public use; and asserted owner- ship by the state of the beds and shores of all navigable -waters inland as well as where the tide ebbs and flows.*31 vest the corporate authorities thereof and the corporate authorities of counties, townships and municipalities with the power to construct, operate and main-tain irrigation dams, reservoirs, canals, flumes,, ditches and laterals, and to keep in repair all irrigation dams, reservoirs, canals, flumes, ditches and laterals heretofore constructed, under the laws of the state, by special assessments upon the property benefited thereby, according to the benefits received." See 1 South Dakota Revised Code 1919, 107-108, In Fallbrook Irr. Dist. v. Bradley, 164 U.S. 112, 17 Sup'. Ct. 56 4l L. Ed. 369 (1896), rev'g 68 Fed. 948 (C.C.Cali 1895, the United States Supreme Court declared that the same principles of law which make drainage of wet lands a public enterprise apply, with, like effect to irrigation of arid lands. * The first constitution of Montana in its declaration of rights (Art* III, Par. 15) provides that "The use of all water new appropriated, or that may hereafter be appropriated for sale, rental, distribution or other beneficial use and the right of way over the lands of others, for all ditches, drains, flumes,'canals and acqueduots, necessarily used in connection therewith, as well as sites for reservoirs necessary for collecting and storing the same, shall be held to be a public use." !± Thorpe's Constitutions, 2302. 131 ¦¦''¦¦••.¦ • : , .The following provisions.appear in the Washington constitution: Art. I, Par. l6«--"Private property shall not be taken for private use, ex- cept for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic or sanitary, purposes..." 7 Thorpe's Constitutions, 397U* (Italics added.) > Art* XVII-Tide Lands, Par. 1, - "The State of Washington asserts its owner- ship to the beds and shores of all navigable waters in the state up to and in- cluding the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakesj Provided, That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state* " Par. 2.-"The State of Washington disclaims all title in and claim to all tide, swamp and overflowed lands patented by the United States* Provided, The same is not impeached for fraud." 7 Thorpe's Constitutions, UOOl. Art. XXI-Water and Water Rights, Par. l.~-"The use of the waters of the state for irrigation, mining and manufacturing purposes shall be deemed a public use." 7 Thorpe's Constitutions, J+001. ' . In por*t of Seattle v. Oregon & Washington R.R., 255 U»S. 56, 63, kl Sup. Ct. 237, 239, 65 L. Ed. 500, 506 (I92I), rev'g 2ij2 Fed. 986 (D.C. Wash. I917), the Court sai&j "The right of the United States in the navigable waters within,the several States is limited to the control thereof for purposes of navigation. Subject to that right Washington became, upon its organization as a state, the owner of t he navigable waters within its boundaries and of the land under the |