Payette enterprise. (Payette, Canyon Co., Idaho) 1909-1935, 1924-09-18

LEGISLATURE OF THE STATE OF
IDAHO. SEVENTEENTH SESSION.
IN THE SENATE
SENATE JOINT RESOLUTION No
z, BY COMMITTEE ON IRRI-
CATION AND WATER
RIGHTS
F. A. JETER,
Secretary of State.

Joint Resolution to be Submitted nc
the Electors of the State OF ia
no for Rejection or Approval, Pro-
posing the Amending of Section =
of Article Is of the State consul
tuition of Idaho, Relating to the
Appropriation of Water and Prior
tiles, and Providing Use of Water
4 for Power Purposes to Be Limited
AS Provided by Law.
Be 1t Resolved by the Legislature OF
the State of Idaho:
Section 1. That Section of Arti-
Gle Is of the Constitution OF the
State of Idaho, which reads as fol-
lows:
Section 8. The right to divert
and appropriate the unappropriated
waters of any natural stream to
beneficial uses, shall never be denied.
| Priority of appropriation shall give
| the better right as between those
using the water; but when the wat
ers of any natural stream are not
sufficient for the service of all those
desiring the use of the same, those
using the water for domestic pur-
poses shall (subject to such limita-
lions as may be prescribed by law
have the preference over those
claiming for any other purpose; and
those using the water for agricultur-
al purposes shall have preference ov-
er those using the same for manu-
featuring purposes. And in any or
ganized mining district those using
the water for mining purposes or
milling purposes connected with
mining, shall have preference over
those using the same for manufac-
turing or agricultural purposes. But
the usage by such subsequent ap-
perpetrators shall be subject to such
provisions of law regulating. the TAX
ing of private property for public
use and private use, as referred to
in Section IA of Article Of this
constitution, be amended to read as
follows:
Section 3. The rightto divert and
appropriate the unappropriated wat
ers of any natural stream to bene-
fetal uses, shall never be denied;
provided, however, that when the
use is for power purposes such use
shall be subject to such limitations
as may be prescribed by law. Prior
ity Of appropriation shall give the
better right as between those using
the water; but when the waters of
any natural stream are not sufficient
for the service of all those desiring
the use of the same, those using the
water for domestic purposes shall
(subject to such limitations as may
be prescribed by law have the pref
erence over those claiming for any
other purpose; and those using the
water for agricultural purposes shall
have preference over those using thel
same for manufacturing purposes.
And in any organized mining dis
trict those uNng the water for min
ing purposes or milling purposes
connected with mining, shall have
preference over those using the same
for manufacturing or agricultural
purposes. But the usage by such
subsequent appropriations shall be
subject to such provisions of law
regulating the taking Of private
property for public and private use,
as referred to in Section IA of Arti-
Gle of this constitution.
Section Q. The question to be sub
mitted to the electors of the state of
Idaho. at the next general election,
in order to determine whether they
will approve or reject the amend
ment proposed in Section /, shall be
as follows:
Shall Section 3 of Article Is of the
Constitution Of the State of Idaho
be amended to read as follows:
Section 8. The right to divert and
appropriate the Incorporated wat
ers OF any natural stream to bene-
fetal uses, shall never be denied
provided, however, that when the
use is for power purposes such use
shall be subject to such limitations
as may be prescribed by law" Pri.
ority Of appropriation shall give the
better right as between those using
the water; but when the waters of
any natural stream are not sufficient
for service of all those desiring the
use Of the same, those using the wat
ers for domestic purposes shall (sub-
1ect to such limitations as may be
prescribed by law have the prefer
ence over those claiming for any
other purpose; and those using the
water for agricultural purposes shall
}have preference over those using the
same for manufacturing purposes.
And In any organized mining dis
trict those using the water for min
Ing purposes or milling purposes
connected with mining, shall have
preference over those using the same
Tor manufacturing or agricultural
purposes. But the usage by such
subsequent appropriations shall be
subject to such provisions Of law
regulating the taking OF private
property for public or private use,
as referred to in Section IA of Arti-
Gle Of this constitution.
section 8. The Secretary Of State
IS hereby directed to publish this
proposed constitutional amendment
once a week for six consecutive
weeks, prior to the next general