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  1. Overview: Arizona Constitutional Convention (1910) [2023 Edition]
  2. Full Record: Arizona Constitutional Convention (1910) [2023 Edition]
  3. Committee:Convention
  4. Session: 1910-10-25 14:00:00
  5. Event type: CREATE_FROM

Arizona Constitutional Convention (1910) [2023 Edition]

Convention

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Document introduced in:

Session 15873: 1910-10-25 14:00:00

The Convention considers Propositions Number 98 to 103, which are read the first time and referred to the Committee on Printing. Propositions Number 1 and 5 are referred to the Committee of the Whole and then returned from that Committee. The Convention adopts Proposition Number 1 as amended and refers it to the Committee on Style. Propositions Number 40, 41, 43, 47, 48, 50, 51, 52, 57 to 61, 63 to 68, and 77 are read a second time.

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Proposition Number 66 - Water and Water Rights

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

A PROPOSITION

No. 66.

Introduced by Mr. Orme of Maricopa County.

A Proposition Relative to Water and Water Rights.

It is hereby proposed:

The common law doctrine of riparian water rights having never heretofore obtained within the territory included within this State, shall not hereafter obtain or be of any force or effect in this State.

The water of every river, creek and running stream in this State is hereby declared to be public property and no individual or corporation can ever acquire any right to the same except the right to appropriate the same to beneficial uses. The beneficial uses for which appropriations of water may be made are irrigation, domestic uses, mining, manufacturing and the development of water power.

As between appropriators of water from a common source priority of appropriation shall give the better right, except, that, in time of scarcity, those appropriators using water for strictly domestic purposes shall to the extent of their actual needs for such purposes have the preference over those claiming for any other purpose, and those using water for the irrigation of lands shall have the preference over those using the same for manufacturing purposes. In all cases the use of water by appropriators to beneficial uses shall be without unnecessary and preventable waste and with reasonable regard to the interests of the State and the largest beneficial use of public waters.

Appropriations of water for the purposes of irrigation shall apply to particular lands which the appropriators either own or possess and shall attach to and go with the titles to such lands. Every appropriation of water for the purposes of developing water power shall always be subject to such reasonable restrictions and regulations as the legislative power may prescribe.

Subject to the limitations herein prescribed in the case of future appropriations of water, all existing rights to the use of water in this State for beneficial purposes are hereby recognized and confirmed.

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