...to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right,...water for the same purpose; but when the waters of any natur.il stream are not sufficient for the service of all those desiring the use of the same, those...

...divert unappropriated waters of any natural stream for beneficial uses shall never be denied," ana that "priority of appropriation shall give the better right...between those using the water for the same purpose, but that; when the waters of any natural stream are not sufficient for the service of all those desiring...

...divert unappropriated waters of any natural stream to beneficial uses shall never be denied ;" and that "priority of appropriation shall give the better right...between those using the water for the same purpose," authorizes an appropriator to utilize the bud of a non-navigahle natural stream upon the public domain...

...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...

...appropriate 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." These constitutional provisions have been construed by the Legislature and by this court as reserving...

...right to divert unappropriated waters of any natural stream to beneficial uses shall never lie denied. Priority of appropriation shall give the better right...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...

...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 tin; same purpose; but when the waters of any natural stream are not sufficient for the service of...

...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 waterier the same purpose; but when the waters of any natural stream are not sufficient for the service...

...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...

...State, used for irrigating, are placed under control of the State. Priority of appropriation is given the better right as between those using the water for the same purposes, but when the waters of any natural stream are not sufficient for the service of all those...