Water rights

The declaration in the Constitution of 1879 that water appropriated for sale is appropriated to a public use must be taken according to its subject-matter. The use is not by the public at large, like that of the ocean for sailing, but by certain individuals for their private benefit respectively. ... The declaration, therefore, does not necessarily mean more than that the few within reach of the supply may demand it for a reasonable price. ... it is unreasonable to suppose that the constitutional declaration meant to compel a gift from the former owner to the users, and that in dealing with water 'appropriated for sale' it meant that there should be nothing to sell.