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<br /> <br />controlled in such a fashiono Now, from tho point of view of <br /> <br />the upper states and all states it is undesirable that there <br /> <br />. <br /> <br />should be any super power rights over that rosorvoir, or any <br /> <br />other right which compols dischargo of tho water at such season <br /> <br />. <br /> <br />of tho year as cannot bo appliod to bonoficial uso in agrioulture. <br /> <br />1m. CLLD\T.8LL: In Colorao.o havo agricultural rights had <br /> <br />this proference ovor powor which wo arc now providing? <br /> <br />1.IR. CLHPElITER: By the Colorado Constitution uses of watGr <br /> <br />of tho strGams for benoficial purposes aro definGd in tho fol- <br /> <br />lowinG crcler, clomostic, agricultural cnd me.nuf2.cturing, and it <br /> <br />is also said that they shall have preforonce in the ordor men- <br /> <br />tionod. Our courts havo hold that provision to mGan, that a <br /> <br />domostic right is a higher use, or marc nocessary use than agri- <br /> <br />culturoo For example~ when a city wishes to obtain a domostic <br /> <br />t <br /> <br />supply it can take wator Gven to thG detrimont of ostablishod <br /> <br />. <br /> <br />agricultural rights but it must condemn thoso rights and pay for <br /> <br />thom. Tho same rulo applios as betwoen agriculture and powor. <br /> <br />It was probably the thought of tho framors of tho Consti- <br />have <br />tution, at loast with those with vn10m I/convorsGd, that <br /> <br />domestic USGS should have a suporior righto In fact, a rosorva- <br /> <br />tiOD in porpetuity to such an extent that domestic rOQuiremonts <br /> <br />might tako water as nocossi ty clcmandod, but tho courts have mod- <br /> <br />ified that original intention by a diffGrent intorprGtation of <br /> <br />. <br /> <br />the constitutional provision. In other words, the framers of <br /> <br />. <br /> <br />tho constitution had in mind tho very thing we wish to accomplish <br /> <br />and tho lanGuage in this compact should be of such a che.ractor <br /> <br />as to clearly signify that the agricultural or domestic use .is <br /> <br />not only. superior but dominant, and that the other intorests or <br />132 18th-S.F.-19 <br />