Adjusting Water Rights Between States

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Section 5 of Article XVI of the Colorado Constitution states`e "Sec =, 5, Water, public property; The water of every natural stream, not heretofore appropriated, within the State of Colorado5r is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the State, subject to appropriation as hereinafter provided," Similar provisions were embodied in the constitutions of other irri. gated land states, Besides the federal Act of 1866 (14 Stat„ 253) and amending legis, lation of 1870 (16 Stat,, 218), -the Congress by the Act of March 3, 1877 (19 Stag, 377), known as the Desert Land Act, provided that surplus water "Shall remain and be held free for the appropriation and use of the public "s. Congress by these statutes recognized the rights of states to control waters of non - navigable streams. This control, as is well known,, is accomplished by the abrogation of the riparian water rights and resort to the doctrine of prior appropriation, The Supreme Court of the United States in Oregon Power Co, vs, Beaver Cement Co., 295 U.S, 42, 1550 referring to the Desert Land Act held: "Following this Act, if not before, all non-navigable waters then owned and belonging to that part of the national domain became publici juris, subject to the plenary control of the arid-land states and territories with the right to determine to what extent the rule of appropriation or the commonlaw rule in respect of riparian rights should obtain," In Ickes vs. Fox, supra, the nationts highest tribunal declared that Sec. 8 of the Reclamation Act of 1902, (referred to in the statement of the government made in the case of Nebraska vs. Wyoming and Colorado) that; "Although the Government diverted, stared and distributed the water, the contention of petitioner that thereby ownership of the water or water rights became vested in the United States is not well founded, Appropriation was made not for the use of the Government, but, under =9»