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Colorado Constitution

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Artilce 16


Mining and Irrigation


Section 1.  Commissioner of mines.   There shall be established and maintained the office of commissioner of mines, the duties  and salaries of which shall be prescribed by law. When said office shall be established,  the governor shall, with the advice and consent of the senate, appoint thereto a person  known to be competent, whose term of office shall be four years.
 

Section 2.  Ventilation & employment of   children.  The general assembly shall provide by law for the proper ventilation of  mines, the construction of escapement shafts, and such other appliances as may be necessary to protect the health and secure the safety of the workmen therein; and shall  prohibit the employment in the mines of children under twelve years of age.
 

Section 3.  Drainage.  The general   assembly may make such regulations from time to time, as may be necessary for the proper  and equitable drainage of mines.
 

Section 4.  Mining, metallurgy, in public  institutions.  The general assembly may provide that the science of mining and  metallurgy be taught in one or more of the institutions of learning under the patronage of  the state.
 

IRRIGATION 

Section 5.  Water of streams public   property.  The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is  dedicated to the use of the people of the state, subject to appropriation as hereinafter  provided.
 

Section 6.  Diverting unappropriated  water & priority preferred uses.  The right to divert the unappropriated waters of any  natural stream to beneficial uses shall never be denied.  Priority of appropriation shall  give the better right as between those using the water for the same purpose; but when the  waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.
 

Section 7.  Right-of-way for ditches,  flumes.   All persons and corporations shall have the right-of-way across public,  private and corporate lands for the construction of ditches, canals and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation.
 

Section 8.  County commissioners to fix   rates for water, when.  The general assembly shall provide by law that the board of  county commissioners in their respective counties, shall have power, when application is  made to them by either party interested, to establish reasonable maximum rates to be  charged for the use of water, whether furnished by individuals or corporations.      

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