Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

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Session 7356: 1895-03-19 14:00:00

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Proposition on Irrigation [File No. 121]

There are 0 proposed amendments related to this document on which decisions have not been taken.

IRRIGATION.

Section 5. The water of every natural stream, not heretofore appropriated, within the State of Utah, 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. 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 waters for agricultural purposes shall have preference over {218 - MOTIONS} those using the same for manufacturing purposes.

Section 7. 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. 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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