 | Law reports, digests, etc - 1892 - 1266 pages
...state, subject to appropriation as hereinnfier provided. " And article 10, § 0: "The right to divert unappropriated waters of any natural stream for beneficial...Priority of appropriation shall give the better right ae between those iiNlim the water for the same purpose: but, when the waters of any natural stream... | |
 | Law reports, digests, etc - 1892 - 1148 pages
...beuefk'ial usos shall never be'denied, " aud that "priority of appropriation shall give the bettor right as between those using the water for the same purpose, but that, when the waters of any natural stream are not sufflficut for the service of all those desiring... | |
 | Colorado. Supreme Court - Law reports, digests, etc - 1893 - 716 pages
...hereinafter provided. " Sec. 6. The right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of...between those using the water for the same purpose. * * * " " Sec. 3. The general assembly shall provide by law that the board of county commissioners,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1074 pages
...rest upon something more substantial than the mere will of the carrier. The constitutional rule that " priority of appropriation shall give the better right,...between those using the water for the same purpose," must never be overlooked, though a variety of circumstances and conditions may have to be taken into... | |
 | John Norton Pomeroy - Irrigation laws - 1893 - 640 pages
...rest upon something more substantial than the mere will of the carrier. The constitutional rule that 'priority of appropriation shall give the better right...between those using the water for the same purpose' must never be overlooked, though a variety of circumstances and conditions may have to be taken into... | |
 | Colorado, Colorado. Office of the State Engineer - Irrigation laws - 1893 - 216 pages
...consideration may be stated thus: Does the 'priority appropriation,'.which the constitution declares 'shall give the better right as between those using the water for the same purpose,' apply to the individual consumer taking the water through the agency of an artificial stream, or is... | |
 | Clesson Selwyne Kinney - Irrigation - 1894 - 854 pages
...law. " Sec. 3. The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of...the better right as between those using the water; but when the waters of any natural stream are not sufficient for the service of all those desiring... | |
 | Law reports, digests, etc - 1894 - 1248 pages
...parties to the water In controversy. It Is declared In the state constitution, (article 16. § 6:) "Priority of appropriation shall give the better right...between those using the water for the same purpose." The supreme court of this state. In Thomas v. Guiraud, 6 Colo. 532, declared, "The true test of the... | |
 | Colorado. Court of Appeals - Law reports, digests, etc - 1894 - 672 pages
...2. WATER RIGHTS— CONSTITUTIONAL LAW. Section 6, art. 16 of the Constitution, which provides that " priority of appropriation shall give the better right, as between those using the water for the same purposes," applies to the respective rights of different parties, claiming the same interest adversely.... | |
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The 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... 
