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Show -55- The last of the States along the Canadian border to enter the Union was Idaho; 131a ancj ^s founders appear to have learned that ab- solutism in water rights of whatever nature is not for the public good. Adopting priority of appropriation as the constitutional water policy of that State, the people none the less carefully safeguarded the general welfare by providing that when there is insufficient water to supply the wants of all appropriators, those taking for domestic use shall have preference over all others; that the takers for agricultural purposes outside of organized mining districts shall be preferred over those intending to use the water for manu- facturing purposes; and that in organized mining districts use of water for that industry is above use for either agricultural or mnaufacturing purposes* But most significant of the excellent provisions of the Idaho constitution on priority of right in the use of water is a clause declaring that whenever the supply of water being appropriated for agricultural purposes. "shall not be sufficient to meet the demands of all those desiring to use the samea such priority of right shall be subject to such reason- able limitations as to the quantity of water used and times of use as the Legislature, having due regard both to such priority of right and the necessities of those subseguent in time of settlement or improve- ment, may by law prescribe »{fX^ . The people of Wyoming, on coming into the Union, adopted a constitution as- suming public ownership of all waters within that state and fixing priority of appropriation as the cardinal rule of water rights. The makers of the Wyoming constitution appear to have had in mind some safeguards against the absolute right of priority, but the limitations, if any, were poorly expressed»^33 same. Yfeber Vo Board of (State) Harbor Commissioners, Itf Wall; (U.S.) 57 (21 L# Ed. 798 (1873)o By Par. 1 of Article XVII of its constitution the state asserted, its ownership in the, bed and shore Tup to. and including the line of ordinary high tide in waters where the tide ebbs and flows.1 The extent of the State!s ownership of' the land is more accurately defined by the decisions of the highest court, as being the land below liighwater'mark, or the meander line, whichever of these lines is the lower. The character of the State's ownership in the land and in the waters is the full proprietary'right." 131s. Idaho -was admitted into the Union in the year 1890. Act of July 3# I89O, c, 656, 26 Stat. at L. 215,-2 Thorpe's Constitutions, 913. 1^2Art. XV, Par. 5, (italics added.) 2 Thorpe's Constitutions, 9!^. Art XV, Par. 3 °f the* constitution of Idaho provides? "... Priority of appropriation shall give the better right as between those using the water; but when the waters of any natural stream are not sufficient for' the servioe of all those desiring the use of the same, those using the water for domestic purposes shall (subject to such" limitations as may be prescribed by law) ha-ve the preference over those claiming for any other purpose; and those using the water for agricultural purposes shall have preference over those using the same for manufacturing' purposes. And in any organized mining district, those using the water, for mining purposes, or milling purposes connected with mining, shall have preference over those using the same for mfg» or agri purposes, 2Thorpe O»9U3~ 9^Provision is also made for condemnation of private rights previously pro- cured so as to work out the preferences above set forth. Art* XV, Par. 3» ^ Thorpe*s Constitutions, 9kh* |