Re Determination of Water Rights of Hood River.

McBRIDE, C. J.,

Specially Concurring. — I concur in the opinion of Mr. Justice Bean. In my opinion the whole case turns upon the constitutionality of Sections 5715, 5716 and 5717, Or. L.

In the first section above quoted it is provided that all waters in the state, from all sources of supply, belong to the public. By the second section it is provided that, subject to existing rights as therein provided, waters may be appropriated for beneficial use, but that the section shall not be construed to take away or impair the vested right of any person, firm, corporation or association to any water.…