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Show -56- During the interim, before the admission into the Union of the next state to be carved out of the arid west, the United States Supreme Court found oooasion to clarify somewhat the rights and relations of the states and of the United States in the control and use of waters common to more than one State. Most of these decisions were rendered in cases between private litigants and are not technically binding upon the states; but such conclusions of the Court are none the less likely to be followed in the decision of controversies between the states unless demonstrated to be in error* Three river boundary disputes brought the Court to rule that lines fixed by treaties are binding upon co-terminous states subsequently created, and that a change in the course of a boundary river from any cause other than very gradual and imperceptible erosions or accretions does not carry with it any change in the state line, which remains in the center of the old bed of the stream or where it was originally established; but that concurrent jurisdiction is destroyed where the -water has vanished* 13k In a dispute between private persons the Court deolared, in effect, that the rule of equality between the states, old and new, in sovereignty and dominion over tide lands gives way to the commitments of prior sovereigns; hence that a Spanish or Mexican grant of tide lands and other lands to the pueblo of San Francisco before the territory was acquired by the United States is superior to the general sovereign rights and ownership of the subsequently created State of California, to which the sovereignty and title of Mexico was delivered impaired by such pueblo grant3*^5 In 1928, the people of Idaho amended Art, XV, Par. 3 of their constitution by providing that the legislature may regulate and limit the appropriation of water for power purposes. Idaho laws 1927, p. 591 (H.J.R. #13). *The "Wyoming constitution provides as follows j Art. I, Par. 31*--"Water being essential to industrial prosperity, of limit- ed amount, and easy of diversion from its natural channels, its oontrol must be in the state, whioh, in providing for its use, shall equally guard all the various interests involved. Par. 32--"Private property shall not be taken for private use unless by con- sent of the owner except for private ways of necessity, and for. reservoirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling,, domestic or sanitary purposes, nor in any case without due compensation." 7 Thorpe's Constitutions, Ijll9« (italics added.) Art« 7III, Par. 1»~"The water of all natural streams, springs, lakes or other collection of still water, within the boundaries of the state, are hereby declared to be the property of the state. Par. 3• - -MPriority of appropriation for beneficial uses shall .give the better right. No appropriation shall be denied except when such denial is demanded by the public interests." 7 Thorpe»s Constitutions, J4I38. Art. XIXI, Par. 5•-"•"Municipal corporations shall ha,ve the same right, as individuals "to acquire rights by prior appropriation and otherwise" to the use of water for domestic and municipal purposes, and the legislature shall provide by law for the exercise upon the part of incorporated cities, towns and villages of the right of eminent domain for the purpose of acquiring from prior ap- propriators -upon the payment of just compensation, such water as may be necessary |