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 5997: 1889-09-21 00:00:00

The committee considered the articles on Irrigation and Water Rights; Boundaries and Apportionment; and Legislative Department.

Document View:

Substitute for Files No. 35 and 57 by Committee No. 8 [Convention]

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

IRRIGATION AND WATER RIGHTS.

Section 1. The water of all natural streams, springs, lakes or other collections of still water, within the boundaries of the state, are hereby declared to be the property of the state.

Sec. 2. There shall be constituted a board of control, to be composed of the state engineer and superintendents of the water divisions; which shall, under such regulations as may be prescribed by law, have the supervision of the waters of the state and of their appropriation, distribution and diversion, and of the various officers connected therewith. Its decisions to be subject to review by the courts of the state.

Sec. 3. Priority of appropriation shall give the better right. No appropriation shall be denied except when demanded by the public interests.

Sec. 4. The legislature shall by law divide the state into four (4) water divisions, and provide for the appointment of superintendents thereof.

Sec. 5. There shall be a state engineer who shall be appointed by the governor of the state and confirmed by the senate; he shall hold his office for the term of six (6) years, or until his successor shall have been appointed and shall have qualified. He shall be president of the board of control and shall have general supervision of the waters of the state and of the officers connected with its distribution. No person shall be appointed to this position who has not such theoretical knowledge and such practical experience and skill as shall fit him for the position.

Sec. 6. All ditches, canals, flumes and artificial waterways, within the boundaries of the State, are hereby declared to be common carriers.

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