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il I .1 I., I I I I I I I I ' I I I, I II I' I I, I day of September, in each and every year, when lands used for agri- cultural purposes shall have the preference over manufacturing establishments. 91 This report was discussed on March 1. Bromwell led off by declaring that farming interests should have preference at all times" since raising staples of life was the primary interest of the terri- tory.92 Wells countered with an amendment which essentially abol-- ished all constitutional preferences and provided only that "[p]rior:lty of appropriation shall give ~riority of right between those using the water for the same purpose." 3 His intention was to leave to the courts the task of giving the farmers justice, "particularly as the people have the election of jUdges.,,94 The convention, desiring to keep this matter out of the courts, rejected this approach.9s Wells next tried a reformulation of the committee's report by adding onto his defeated amendment the sentence: Those using water for the irrigation of cultivated lands for the purposes of agricul- ture shall be preferred to those applying it to manufacturing pur- poses.96 Before this amendment could be discussed, the convention adjourned for lunch. During lunch, apparently, the delegates worked on their strategy. On reconvening, Wells withdrew his amendment and Pease introduced the aforementioned beneficial use clause, followed by a preference secti.on which read: Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the service of all those desiring to use the same, those using the water for agri- cultural purposes shall have preference over those using the same for the purpose of manufacturers. 97 The domestic use forces responded by inserting the words "dom- estic 'Or" before the word agricultural, which was approved by the convention. 98 Mr. Marsh then sug~ested including mining along with manufactur- ers as an inferior use. 9 Stone opposed this move. "It might operate to create a conflict between the agricultural and mining interests," he is reported as saying.lOO He admitted the importance of farming, but stated that mining was the paramount interest in the territory. "And the amendment might enable the owner of a garden or a small potato field in one of the gulches of the mountain region to mono- polize the water to the serious injury of all the mines in the gulch."lOl He felt that in the mountain regions the miners' right to the use of the water should not be interfered with. This argument prevailed, and all references to mining were omitted, "an inference that it remained unrestricted.,,102 II-13