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<br />001081 <br /> <br />.' <br /> <br />No. 13,235 <br /> <br />, <br /> <br />PEOPLB E:'" REL. P1\.RK RESERVOIR CO: :rAllY <br /> <br />v. <br /> <br />HINDERLIDER ET AL <br /> <br />Deoided February 3. 1936. Rehearing denied April 27. 1936. <br /> <br />prooeeding to determine priority of right to the use of water for irrigation: <br />involving direot diversion and storage rights. Judgment for defendants. <br /> <br />Reversed. <br /> <br />On Petition for Rehearing. <br /> <br />1. ST1\TUTES--Construction. rihere a statute is susceptible of an interpretation <br />whioh conforms to the Constitution and another which violates it the former <br />will be adopted. <br /> <br />2. Constitution--Contraots--Construction. rihere the language used is \mambig- <br />uous and no absurdity involved. Constitution, statute or oontract, must be <br />'. '. deolared and enforced as written. <br /> <br />, , 3. CONSTITUTIONAL LA1;--Construction. Sections 5 and 6, artiole XVI. Colorado <br />Constitution, are self-executing. <br /> <br />4. Polioe POI'ter. The polioe power oannot transcend the Constitution, nor be <br />so exercised as to abrogate it. <br /> <br />5. HATER RIGHTS-"Fundamentals. Established principles concerning the diversion <br />and use of water from natural streams restated. <br /> <br />6. CONSTITUTIONAL LlIII--Constructicn. Long usage can neither repeal ccnstitution- <br />al previsions ncr justify their infraction. In cases of doubt, however, long <br />usage and practical construction by governmental departments should oontrol_ <br /> <br />7. Property Rights. Recognition of claims of property rights based upon an un- <br />oonstitutional statuto can never ripen into a oontract. <br /> <br />8. <br /> <br />STJd'UTES--Construction--J:Jaxims . <br />is the exclusion of another. has <br />affirms existing law. <br /> <br />The maxim that the eJq)ression of one thing <br />no applioation to a statute which merely <br /> <br />9. Rights--Haxims. r/l1erc a right exists it is not strengthened by statutory <br />repetition, nor is it revoked by failure to repeat. The maxim that the <br />.. elCpression of one thing is the exclusion cf another does not apply to such <br />a case. <br /> <br />I <br /> <br />10. HATER RIGHTS--Reservoirs and Ditches..-pricrities. A senior reservoir may <br />take for storage its full appropriation of water according to date cf pri- <br />ority nobvithstanding a portion of the water so diverted for storage may be <br />needed by junior ditches for direot irrigation. <br /> <br />-1., <br />