Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1889-09-20
ARTICLE XIV.
WATER RIGHTS

SECTION /. The use of all waters now appro-
priated, or that may hereafter be appropriated
for sale, rental or distributions lso Of all water
originally arpropr ated for private use, but which
after snch appropriation has heretofore been
or may hereafter De sold, rented or distributed
Is hereby declared 10 be public use, and SUBJ
ect to the regulation and control OF the State In
the manner prescribed by law.
SEC. 2. The right to collect rates or compen-
sation for the use of water supplied to any county
city, or town, or water district, or the lnhabit-
ants thereof, Is q franchise. and cannot be exer-
ciaed except by authority OF, and ~ the manner
prescribed by law
the unappropriatcd waters Of any natural stream
10 beneficial uses shall never be denied Prior,
OF appropriation shall give the better right as be-
tween those using the water; but when the wa
isrs ofaDy natural stream are not sufficient for
the service OF all those desiring the use of the
same, those nsing the water for domestic pur-
poses shall Subject TO such limita ions as may be
prescribed by law have the preference over those
claiming Tor any other purpose, and those using
the water Tor agricultural purposes shall have
preference over those using the same for manu-
1acturing purposes. And In any organized min
ing district those using the water tor mining
purposes or milling purposes connected with
mining, shall have preference over those using
the same Tor manufacturing or agrcultm al pur-
poses But the usage by such subsequent api,ro-
priators shall be subject to such provisions of
law regulating the taking of private property
Tor public and private use, as referred to in Sec
ton IL, OF Article of this Constitution.
SEC. 1. Whenever any waters have BEEN or
shau be appropriated, or used, for agricultural
puTp undrr a sale, rental distribution
thereof, such sale, rental distribution shall be
deemed an exclusive dedication to such use !;
anu whenever such waters dedicated shall
have once been sold, rented or distributed to any
person who has settled upon or improved land
Tor agricultural purposes with the view OF
cviNing the benefit Of such water under such
uedicatioh, such person, his heirs. executors,
administrators, successors or assigns, shall moi
hereafter, without his consent, be deprived of
the annual use OF the same, when needed for do
mesuc purposes, or to irrigate the land 80 set
tIeu upon or improved, upon payment therefore,
ana compl anee with such equitable terms and
conditloi as TO the quantity used and times of
use. as may be presc ibed by law.
SEC: 5. Whenever more tnan one person has
settled upon or improved land with the view of
receiving water Tor agricultural purposes, under
a sale, rental OF distribution thereof, Us In the
last preceding section oil this Article provided
as among such persons priority in time shall
give superiority III right u the use of such water
IN the numerical order of such settlements or
improvements; but whenever the supply of such
water shall not be su hicieDt to meet the demands
OF all those desiring to the same, such prior
,ty Of right shall be subject to such reasonable
liinitatlo as TO the quantity of wafer used, and
times OF use, as the Legislature having du. re-
gtrd botn TO such priority OF right, aud the
necessities OF those subsequent In time of settle
mehi, or improvement, may by law prescribe.
SEC. 6. The Legislature shall provide by law
the manner In which reasonable max mum rates
may be established to be charged for the use of
water sold. rented or distributed for any useful
or beneficial purpose