Hughes of Cache

Proposed Article of Constitution For Utah

Irrigation and Water Rights.

Water Property of State

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

Section 2. All water rights held by any person at the time of the adoption of this Constitution shall continue unimpaired of the same quality as before.

Section 3. The use of all such waters to such extent as the same have been, or shall hereafter in the manner prescribed by law be, appropriated to any beneficial use, is and shall be the property of the appropriator and his assigns, subject to such regulations for the enjoyment, transfer, or forfeiture thereof as shall be prescribed by law

The right to appropriate unappropriated waters for such use shall not be denied unless in cases excepted by law for some public use.

Section 4. The power of eminent domain may be exercised as shall be provided by law to procure sites for reservoirs and dams; and the rights of way for canals and ditches to convey and distribute water for any beneficial use in which many persons are interested.

Section 5. The Legislature shall by law divide the State into water districts and provide for the appointment or election in each of a superintendent who shall have such power under the regulations adopted by the Board of Control as shall be provided.

Section 6. There shall be a state Engineer who shall be appointed by the Governor and confirmed by the senate and hold his office for the term of four years and until his successor shall be appointed and qualified. He shall have such supervision of the waters of the State, and of the distribution of and use of appropriated waters, under regulations adopted by the Board of Control as shall be prescribed by law.

Section 7. The State Engineer and the superintendents of the several water districts shall constitute a Board of Control. The Legislature shall define the powers and duties of said Board to adopt regulations for preservation of unappropriated waters of the State; for the appropriation thereof; for the distribution and use of waters appropriated; to define water rights, to decide disputed concorning the same, subject to appeal to, or adjudications by courts having jurisdiction.

Section 8. The Legislature shall provide for recording water rights, regulate their enjoyment and transfer, and prescribe under what circumstances such rights shall be forfeited or deemed abandoned.

Section 9. The natural water supply of every municipal corporation shall remain inalienable, and the waters therefrom be distributed to the inhabitants exclusively by corporate authority and agencies; PROVIDED that nothing herein contained shall be construed to prevent any such municipal corporation from exchanging any water rights or source of water supply for other water rights or sources of water supply of equal value and to be devoted in like manner to the public supply of its inhabitants with water.

Section 10. No municipal corporation shall grant any franchise, privilege, easement, or right in the use of its streets, highways or public places for the supply of water to its inhabitants or any of them for a longer period than twenty years, nor without determining in the grant the maximum rates to be changed by the grantee or grantees for water supply, nor without a reservation to such municipal corporation in such grant of the option to purchase at the end of such period all water rights, source of water supply, water works, pipes, conduits and appliances of such grantee or grantees, or any of them, at the actual value of the tangible property itself, at the time of purchase and without regard to the value of the franchise, privilege, monopoly, or purpose for or in connection with which such property is issued.

• Proposition on Irrigation and Water Rights [File No. 126] (introduced on 1895-03-21 10:00:00 - CREATE_FROM - e697435) [This document]

• Proposition on Irrigation and Water Rights [File No. 126] (introduced on 1895-03-21 10:00:00 - CREATE_FROM - e697435) [This document] [view current proposal at this moment]