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<br />o <br /> <br />C".' <br /> <br />Control, Conservation and Utilization of Waters <br /> <br />.... <br />w <br />.;lo <br />..... <br /> <br />Article 16, Section 59(a), of the Constitution of TexQs <br />provides that <br /> <br />"The conservation snd d,evelopment of all of <br />the natural resources of this State, including <br />the control, storing, preservation and distrib~tion <br />of its storm and flood waters, the waters of its <br />rivers and streams, for irrigation, power and all <br />other useful purposes, the reclamtion and irri- <br />gation of its arid, semi-arid and other lands needing <br />irrigation, the reclamation and drainage of its over- <br />flowed lands, and other lands need ing dra inage, the <br />conservation snd development of its forests, water &nd <br />hydro-electric power, the navigation of its inland <br />and coastal waters, and the preeervation snd coneer- <br />VlItion of all auch natural resoU!'cee of the State <br />sre each and all hereby declared public rights and <br />duties; and the Legislature shall pass all such laws <br />as may be appropriata thereto." <br /> <br />Under the authority of this conservation amendment, the <br />Legislature has passed numerous acts dsclaring the rights in waters be- <br />longing to the State and regulating ths uee of these waters. These acts <br />are contained in Articles 7466-8264 of Vernon's Annotated Civil Statutes. <br /> <br />Texas laws authorize the appropriation of the waters of the <br />State for the following purposee: "irrigation, mining, milling, manu- <br />fscturing, the development of power, the constrUction and operation of <br />water works for cities and towne, or for st~ck raising" (Art. 7470, <br />V. c. S.), and "for public parks, game preserves, recreation and pleasure <br />resorts, power and vater supply for industrial purposes and plante snd <br />for domestic use." (Art. 74708, V. c. s.l <br /> <br />These laws also provide for a system of priorities in ths <br />appropriation of the waters of the State. Articls 7471, V. C. S., de- <br />clares it to bs the "public policy of the State and essential to the <br />pUblic welfare" that "preference and priority be given to ths following <br />uses in the order named, to wit: <br /> <br />. <br /> <br />"1. Domeetic and Municipal uses, including water <br />for sustaining human Ufe and the Ufe of dODlllStiC animals. <br /> <br />"2. Wster to be ueed in processss designed to convert <br />mterials of a lower order of value into f'orms having greeter <br />usability and commercial value, and to include vater neces- <br />sary for the development of' electric power by means other <br />than hydro-electric. <br /> <br />A-U <br />