...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation : and all surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights." Colorado was not at first included in this act, but was brought in by an amendatory act. Next came...

...disposition of surplus reelamation water first occurred in the act of March 3, 1ST". It stated : •'* * * All surplus water over and above such actual appropriation...appropriation and use of the public for irrigation, mining and umnufncturiiig purpuses subject to existing rights." This public preference reoccurs in the Reclamation...

...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation : and all surplus water over and above such actual appropriation...and other sources of water supply upon the public landi and not navigable, shall remain and be held free for the appropriation and use of the public...

...use of the public under the laws of the States and Territories named. The words that the water of all sources of water supply upon the public lands and...free for the appropriation and use of the public' are not susceptible of any other construction. The only exception made is that in favor of existing...

...disposition of surplus reclamation water first occurred in the act of March 3, 1877. It stated : •'* * * All surplus water over and above such actual appropriation...use together with the water of all lakes, rivers and oilier sources of water supply upon the public lands and not navigable, shall remain and be held free...

...of 1866 and the act of 1870 were dealing with. The Desert Land Act itself refers to surplus water of lakes, rivers, and other sources of water supply upon the public lands and not navigable. As you can see, the Desert Land Act does not purport to deal with the question of the exercise of constitutional...

...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation....shall remain and be held free for the appropriation aud use of the public for irrigation, mining and manufacturing purposes subject to existing rights....

...actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplue water over and above such actual appropriation and...manufacturing purposes, subject to existing rights. Said declaration shall describe particularly said section of land if surveyed, and, if unsurveyed,...

...the right of appropriation to any declarant who reclaimed desert land. The act further provided that all surplus water over and above such actual appropriation...the water of all lakes, rivers, and other sources upon the public lands and not navigable should remain and be held free for the appropriation and use...

...the right of appropriation to any declarant who reclaimed desert land. The act further provided that all surplus water over and above such actual appropriation...the water of all lakes, rivers, and other sources upon the public lands and not navigable should remain and be held free for the appropriation and use...