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. "'~ '. . . ,J~ ~ . . ).. ! , . 001089 place that storage rightly occupies in the agricultural development of the state I " * * * the future of the state rests largely upon agricul tural develop~ ment, and this in 'b.lrn upon irrigation by storage. The waters of the state have been so generally appropriated that the day of direct irrigation enterprises is ClOsing, while that of storage has soarcely mea-e than dawned." If the appropriators of water for the purpose of agrioulture who, with a view to the economioal and effective use of the water, resort to storage in reservoirs oonstruoted at great expense, may be deprived of their priorities by those who later--it may be many years later-wmake appropriations of water for the sBJlle purpose, but who employ the less economical and less effective methcd of irrigation by means of ditches only, then, truly, for storage enter- prises the sun is not a rising, but a setting, sun. 6. I conclude, 1. That the provision of the Act of 1879 (c. L. 1921, section 1682) does not mean what the defendants in error olaim it does. 2. That if it does mean that, it is clearly inoonsistent with the Aots of 1881 and 1887, supra, and therefore has been repealed thereby by implication; 3. That if the provision means what the defendants in error claim it does, and if it has not been repealed by implioation, it is unoonstitutional and therefore void; 4. That section 2355 of Compiled Laws of 1921, relating to reservoir oorporations, does not limit the powers of the relator in the manner olaimed by the defendants in error; and 5. That, for the reasons stated above and in the prinoipal opinion, the judgment is properly reversed. .,,-