Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

Committee of the Whole

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Document introduced in:

Session 5737: 1889-09-12 00:00:00

The committee considered the article on Irrigation and Water Rights as well as substitutions for the article on County Organization.

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Professor Mead's Report

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

I have the honor to submit some statements as to the principles which should control the constitutional provisions affecting irrigation.

First. Water is a public commodity which should only be utilized and segregated by individuals in order that public may be benefited thereby. To accomplish this it should be under the control of the state.

Second. In providing for its appropriation and use by private parties, regard should be had for the natural conditions and resources of the state. These conditions differ widely in different localities, and laws which are satisfactory in California or Arizona may prove a failure in Wyoming, because unsuited to the physical peculiarities or requirements of this region. We should study our own needs and possibilities, and so frame our irrigation code as to best secure the protection and development of the various interests concerned. To do this original legislation will be required.

Third. The governing physical conditions of irrigation are the amount and the distribution of the water supply, the area and adaptability of the agricultural lands, and the climatic conditions governing the range and value of the products. Considering these as a whole, Wyoming occupies and exceptional position. The number of its available streams exceeds those of any other arid commonwealth, and with the exceptions found in the northern counties their waters can be diverted throughout their entire length, making it possible to unprofitably and injuriously distribute irrigation works and the water supply of the outrageous expenses which have been saddled upon the irrigators of this territory and of the difficulties which have beset this office. Instead of burdening our judges with the examination of physic-cal problems and of deciding questions wholly foreign to the nature of their profession and of which they have little practical knowledge and experience, instead of cumbering the offices of county clerks with a class of records for which he has no use and which are recorded under such circumstances as to make many of them of little or no value to the parties concerned; and instead of compelling the state engineer to go to a half dozen disconnected sources for his information and authority, there should be a bureau for the recording of all claims and the disseminating of information, whose head be the responsible director of the system. By doing this and in connection therewith empowering the court with the authority to review and correct any arbitrary, unjust, or illegal action in connection therewith, we will have placed our system on a simple, economical and business like basis which will, I believe greatly enhance our future progress and prosperity.

Fourth. The prosperity of our agricultural interests demands that all claims to water should be determined at the least possible expense to the claimants, and at the earliest possible date consistent with an adequate examination of the natural conditions and a thorough investigation of the rights of the various claimants. These investigations and examinations should by persons possessed of both theoretical and practical knowledge of the subject and of the natural possibilities and requirements of the district concerned, and in such examination and appropriation based there priority in the beneficial use of water should give the better right regardless.

Fifth. In order that our system may be cheaply and effectively administered, it is necessary that its administration should be as simple and direct as is the management of a great railway system. To effect this the department of water supply should be a distinct and responsible branch of state government. The plan tried here and elsewhere of diving authority and responsibility in this work among a half dozen branches of state and county government has uniformly proven a failure and will continue to do so.

In California every year increases the complications resulting therefrom. [sic] In Colorado a commission is now at work preparing a code to remedy this defect in their previous legislation. It is the source of the outrageous expenses which have been saddled upon the irrigators of this territory and of the difficulties which have beset this office. Instead of burdening our judges with the examination of physical problems and of deciding questions wholly foreign to the nature of their profession and of which they have little practical knowledge and experience; instead of cumbering the offices of county clerks with a class of records for which he has no use and which are recorded under such circumstances as to make many of the of little or no value to the parties concerned; and instead of compelling the state engineer to go to a half dozen disconnected sources for his information and authority, there should be a bureau for the recording of all claims and the disseminating of information, whose head shall be the responsible director of the system. By doing this and in connection therewith empowering the court with the authority to review and correct any arbitrary, unjust or illegal action in connection therewith, we will have placed our system on a simple economical and business like basis which wiil, [sic] I believe, greatly enhance our future progress and prosperity.

Decisions yet to be taken

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