Utah State Constitutional Convention 1895 (2020 Edition)

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

Committee on Water Rights, Irrigation, and Agriculture

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Document introduced in:

Session 7488: 1895-03-21 10:00:00

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Proposition on Water Rights and Irrigation [File No. 128]

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Proposed Article on Irrigation and Water-Rights

By William Lowe of Box Elder

Section I. The waters of all natural streams, springs, lakes and all other bodies or collections of water within the boundaries of the state, whether still or running, shall belong to the State. … held for, and subject to appropriation by the residents of this State and subject to the rights heretofore acquired by prior appropriation and use. And the Legislature shall provide by general laws for regulating the appropriation and use by the people of all the waters of this state: and fix the maximum price which can be charged any person. Municipal corporation for the use of culinay agricultural or other purpose.

Section II. Priority of Appropriation for beneficial uses shall give the better right, but as between persons having equal rights, priority shall be given the persons claiming the same in the following order: 1st for culinary purposes: 2nd. Agricultural purposes: 3rd. Manufacturing and Mining purposes: and 4th for other purposes

Section III. The Legislature shall provide by law for dividing the State in to Water-Districts, and for the election of Supervisors for such Districts: Which supervisors together with the State Engineer shall constitute a Board of Controll with powers to controll and distribute the water of the State.

Section IV. There shall be elected by the electors of the State at large at the first election of State Officers and every fourth year thereafter a State Engineer, whose term of office shall be for four years and until his successor is elected and qualified. He shall be President of the Board of Controll and hav general subdivision of all the waters in the state. He should have such theoretical and practical knowledge of civil and Hydraulic engineering as shall fit him for the position are receive a salary to be fixed by law.

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