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 7484: 1895-03-15 10:00:00

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Proposition Relative to Irrigation and Use of Water [File No. 44]

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Sec. I The water of every natural stream not therefore appropriated within the state of Utah, is hereby declared to the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation.

Sec. The right to divert the unappropriated water of any natural stream or lake to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the … of all those desiring the use of the panic. Those using the water for domestic purposes shall have the preference over those claiming for other purposes, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.

Sec. The right to ca… rates or compensation for the use of water supplied to county, city, town, or water district, or the inhabitants thereof, is a franchise, and cannot be … except by authority of and in the manner prescribed by law.

Sec. Wherever any waters have been, or shall be appropriated or used for agricultural purposes, under a sale, rental, or distribution thereof, such sale, rental or distribution shall be deemed and exclusive dedication to such use, and persons holding such right, his or her eirs, executors, administrators, successors, or assigns shall not thereafter, without his or her consent, be deprived of the annual … of the same, when needed for domestic purposes, or to irrigate the land upon which they have settled, or improved upon payment thereafter, and compliances with such equitable terms and conditions as to quantity used and times of use, as may be prescribed by law.

Sec. The Legislature shall provide by law the manner in which reasonable maximum rates may be established to be changed for use of water sold, rented, or distributed for any use or beneficial purpose.

Sec. The Legislature shall also provide for a board of county commissioners whose duty it shall be to issue certificates for the use of water to all those entitled to the use of the same, and to do such other … that may be necessary in … to the distribution and use of waters as may be prescribed by law.

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