...people of the state, subject to appropriation as hereinafter provided. "Sec. 6. The right to divert unappropriated waters of any natural stream to beneficial...shall give the better right as between those using the waterfor the same purpose; but, when the waters of any natural stream are not sufficient for the service...

...people of the state, subject to appropriation, as hereinafter provided. Sec. 6. The right to divert the? unappropriated waters of any natural stream to...Priority of appropriation shall give the better right, a« between those using the water for the same purpose; but, when t!:e waters of any natural stream...

...appropriating the unappropriated waters of the state. This argument is based upon the language used in section 3: "The right to divert and appropriate the unappropriated...stream to beneficial uses shall never be denied." Whether the right to appropriate water from the streams of this state can be acquired in any method...

...to the water In controversy. It Is declared In tho state constitution, (article 10, § 6:) "Prlorltj of appropriation shall give the better right as between those using the water for the same purpose." The supreme court of this state, in Thomas v. Guiraud, 0 Colo. 632, declared, "The true test of the...

...provided." And article Hi, § tí: "The right to divert unappropriated waters of any natural stream for beneficial uses shall never be denied. Priority of...appropriation shall give the better right as between those usinu the water for the sume purpose: but, when the waters of any natural stream are not sufficient...

...RESEBVOIR — DIVERSION. Section 6 of article 16 of the constitution, providing that "the right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied ;" and that "priority of appropriation shall give the better right as between those using the water...

...seventh sections of article 16 of the constitution of that state read: "Sec. 6. The right to divert the unappropriated waters of any natural stream to...better right, as between those using the water for tin; same purpose; but when the waters of any natural stream are not sufficient for the service of...

...seventh sections of article 16 of the constitution of that state read: "Sec. 6. The right to divert the unappropriated waters of any natural stream to...give the better right, as between those using the waterier the same purpose; but when the waters of any natural stream are not sufficient for the service...

..."The right to divert unappropriated waters of any natural stream to beneficial uses shall never lie denied. Priority of appropriation shall give the better...between those using the water for the same purpose. * * *" The maxim expressio unius est exclusio nlterius is here invoked. It is claimed that when the...

...any natural stream to beneficial uses shall never he denied. Priority of appropriation shall givethe better right as between those using the water for the same purpose. * * *" The maxim expressio unius est excluslo alterius is here invoked. It is claimed that when the...