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-2_ <br />y� <br />of the Constitution. of State of�Colorado_Whioh provided. a. k <br />"The water of every natural stream, not heretofor,e,, appropriated, <br />` <br />within the; State of iCol•orado, is- 'hereby declared to -be the ' <br />- property' of the public, and the same is `dedicated to the us of <br />the` people of the State, subject to appropriation <br />f. <br />I <br />(Section 5,' -Art: XVI) <br />The placing of the users of water i -n -Colorado for -domestic, munioi - <br />r' <br />pia;' irriga.tlon, livestock, mining and industria-1 purposes `in. the position <br />'for <br />of ' water., under_ rules' and regulations * made and enforced -by <br />a <br />a federal corporation, thus dep:aIving such water 'users of protection under <br />State law whereby they acquire ,a property right in water tivhich- is :"necessary <br />x' <br />to insure a prosperous and secure water development within this State. <br />`4. The relegation of existing agencies of the- Government dealing; with` <br />the water resource to a ,minor position under the direction kof a federal <br />corporation. <br />.� <br />5. The transfer, to the corporation, under a procedure .spe,eified'in <br />N <br />these bills, of water projects constructed, : or under construction by any <br />agency of the federal Government. <br />t <br />6. The subjecting of agricultural, mining and" industrial - growth within <br />k <br />_ the State to - '.the' determination and domination -' of a• federal .corporation „ <br />clothed with the power -of Government and in control of a• basic, eeonom.o <br />resource, and <br />' WHLREAS, The creation of, such' regional• Authorities is unconstitutional., <br />as not within. the :powers delegated to Congress by Section 8 of,Article of <br />_I <br />the United, States Constitution, and in violation of Article 10 of the <br />' <br />amendments to the United 'States Constitution, and is contrary to the -terms <br />and provisions of the Enabling Act by which the State of 'Colorado was ad- <br />mitted to membership • in, the "Union; and F •" <br />dVHEREAS, The creation of -regional Authorities empowered to control and <br />administer the `ddstribution-and use of water` to which rights .are,"presently <br />attached would violate. Article 5 ,of the Amendments to the United States' ;Con- <br />stitution; and <br />-M EREAS, The breation of such regional Authorities would be directly ; <br />contrary to the traditional, long standing and well established policy of <br /> - <br />the 'United _ States as evidenced by the Act - of July .26,' 1866 (14' Stat. 251), <br />the Act of. July �, 1870 '(16 Stat. 21',7), the Act of 11arch 3 ,, 1877, (13 USC <br />251)', .Section, 8 of the Reclamation Act 'of "1902', and of Section 'Public <br />,I; <br />Law 534, Chapter 665, r78th Congress., 2nd .Session, commonly referred to as <br />the O'Mahoney- Millikin Amendments,• as well as by 'other, Congressional -Acts <br />and numerous interstate .compacts - ap oved. by the Congress; now, therefore-, <br />BE IT RESOLVED by the House of �Representatives of the Thirty - fifth <br />W <br />General - Assembly -of the State, of Colorado, the Senate concurring herein ' <br />j <br />