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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Session 7493: 1895-04-01 00:00:00

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Article on Water Rights [Article No. 16.1]

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Article on Water Rights

Sec. 1st The waters of all natural springs, streams, lakes and collections of still water, within the boundaries of the State are hereby declared to be the property of the state, are hereby declared to be the property of the state; but such ownership shall in no way impair away existing, lawfully acquired right to the use of said waters.

Sec. 2nd Priority of appropriation shall be denied, except when such denial is demanded by public interest. The right of eminent domain shall extend to land and water rights.

Sec. 3rd The Legislature shall divide the state into suitable water districts, and provide by law for the appointment of a State Engineer, the election of a board of control and such other officers as may be deemed necessary.

Sec. 4 The board of control shall be presided over by the state engineer and shall have the supervision of the waters of the state, and of their appropriation, distribution, and diversion under such rules and regulations as may be provided by law. Its decision to be subject to review by the courts of the state.

Article of Forests.

The Legislature shall enact laws to prevent the destruction of and to preserve the forests on the lands of the state, and upon any parts of public domain, the control of which may be confused by congress upon the state.

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