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<br />.. <br /> <br />255 <br /> <br />decisions that what is divided is ~ot the water, but the use of it and he <br /> <br />. <br /> <br />quotes several authorities" <br /> <br />Wyatt v Lorimer & Weld Irr. Co. 113 Colo. 298; <br />Palmer v Railroad Ceinmj.ssion, 167 Calif. 163; <br />Bear Laket, River Tiater rforks. Co. v Ogden, 8 Utah 494. <br /> <br />He goes on 'to say, "for the "IrateI' itself rrhile in the. river belongs to <br /> <br />no person, no state and not to the Federal Gevernment. It l3 like air, _ <br /> <br />evmerless. After the vrater is taken out into ditches it then becomes ovmed. <br /> <br />Until then the thing that is o,med is. a right to use. <br /> <br />MH. I:;l\l0lS0N: The constitution ef several states declare that the water <br /> <br />of the natural streams is the property of the state. <br /> <br />MR. CARP;"'NTER: There is no difference in the expression anyhoVi, the <br /> <br />. <br /> <br />blocking out of' waters for consumptive use and consumptive.uso of. water, it <br /> <br />is just another way of stating the same thing. <br /> <br />. <br /> <br />111R. DAVIS: I agree with Mr. Carpenter about that. All I vrant to do is <br /> <br />to make this section in'harmony nith the other. I make the net ion it be <br /> <br />changed. <br /> <br />(Thereupon a vote having been taken on t:he motion of !.Ir. Davis,. the <br /> <br />result; was 6 ayes, 1 nay by Hr. Caldwell.) <br /> <br />Paragraph (b) of Ariicle III Vias thereupen read by the ch~irnan and <br /> <br />there being no cemments, the same was unanimeusly adepted as read. <br /> <br />Paragraph (c) of Article III read by the Chairl;)an. <br /> <br />!.ffi. DAVIS.: Mr. Chairman, I would like te .suggest a change. <br /> <br />"The burden of such deficiency shall be equally apportioned." There we <br /> <br />. <br /> <br />use the word'.'apportioned" and net in the sense of the definition whieh 1're <br /> <br />non have so that as to that vfOrd "apportioned" the definition is certainly <br /> <br />.. <br /> <br />lmnecessary.. I. suggest that VTO strike out the words "equally apportioned. <br /> <br />between and" so that it reads, "the burden of such deficiency shall be equally <br /> <br />borne by the Upper Basin and the Lower Basin." <br /> <br />.! <br />