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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-03-22 14:00:00
  5. Event type: CREATE

Utah State Constitutional Convention 1895 (2020 Edition)

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

The Convention

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Document introduced in:

Session 7359: 1895-03-22 14:00:00

Document View:

Proposition on Water Rights and Privileges; and State and County Water Commissioners [File No. 136]

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Mr. President and Gentlemen of the Convention :-

I herewith submit a proposition for insertion into the Constitution concerning:

“Water Rights and Privileges.”

and

“State and County Water Commissioners”.

and ask that the same be read and referred to the committee on “Water Rights, Irrigation and Agriculture”.

Thoreson of Cache

Water Rights

SECTION 1. All water rights and water privileges secured by any person or association of persons under the laws of the Territory of Utah, or by any local regulation not in conflict therewith; or by the appropriation and use of water for beneficial purposes for a period of five years prior to the adoption of this constitution shall be valid and vested rights and privileges in the State;

PROVIDED, that all such rights and privileges shall be subject to the laws and regulations which may be passed by the legislature for the economical use and control of said water.

SECTION 2. The unappropriated waters of the State shall be the property of the State, but the right of private persons or associations to appropriate and secure rights to such waters for beneficial uses shall not be denied.

SECTION 3. There shall be elected in the year A.D. 1896, and every four years thereafter, a State Water Commissioner who shall be a practical engineer and who shall be ex officio Inspector of Mines, whose duties and compensation shall be prescribed by law.

SECTION 4. The County Commissioners, or Selectmen, shall be ex officio Water Commissioners in their respective counties and their duties shall be prescribed by law, PROVIDED, that in the adjustment of important matters relative to such water rights and privileges, the State Water Commissioner shall preside over the County Water Commission, and where two or more counties are affected by such adjustment he may call a joint Water Commission of an equal number of commissioners, or selectmen from each of the counties interested, to adjust such joint interest.

SECTION 5. Any interested party may appeal from the decisions of the Water Commissions named in the preceding section to the district

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