Payette enterprise. (Payette, Canyon Co., Idaho) 1909-1935, 1924-09-11
IN THE SENATE
SENATE JOINT RESOLUTION No
Z, BY COMMITTEE ON IRRI-
CATION AND WATER
RIGHTS

JOIHl ReSOlullUQ 10 Dc ouUuiiltcu i
the Electors Of the State Of Ida
| no for Rejection or Approval, Pro
i posing the Amending of Section
of Article Is of the State Consti
tuition of Idaho, Relating to thu
Appropriation Of Water and Prior
tiles. and Providing Use OF Watel
| for Power Purposes to Be Limited
AS Provided by Law.
Be It Resolved by the Legislature o.
| the State of Idaho:
Section 1. That Section 3 of Arti
/ Gle Is OF the Constitution Of the
State of Idaho, which reads as fol
lows:
Section g. 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; hut when the vat
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 (subjeet 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
ganised 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-
the usage by such subsequent Sp-
propriators 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
be amended to read as
follows.
Section 8. The right to divert and
appropriate the unappropriated wat
ers of any natural stream to bene-
fetal uses, shall never be dsaicd;
provided, however, that when the
use is for power purposes such usel
shall be subject TO such limitations
as may be prescribed by law. Prior
lty of. appropriation shall give the |
better right as hs.ween 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 Tor domestic purposes shall
(subJeet to such limitations as may
De prescribed by lawl have the pref
erence over these claiming for any
other purpose; and those using the
water for agricultural purposes shall
nave preference over those using the
same Tor manufacturing purposes.
And in any organized mining dis
-rict those using the water for min
ng purposes or milling purposes
connected with mining, shall have
preference over those using the samal
or manufacturing or AGRICULTURAL
purposes. But the usage by such
appropriations shall be
ubjeot to such provisions of law
egulating the taking of private
for public and private use.
S referred to in Section IA of Arti-
lie of this constitution. l.,
Section 2. The question to be sub ,
nltted to the electors of the state of
daho at the next general election.
order to determine whether they
'ill approve or reject the amend
nent proposed in Section 1. shall be
s follows: VI !. zhi.l oet
ShaH Section 8 of AEsis,e Is of thei
81 Inc State of Idaho
'e aWsAded to read as follows:
Section. 3. The right to divert apdI
ppropriate the unappregFiatea wat
rs OF any natural stream TO bene-
icial uses, shall never be denied; =
provided. however, that when the
lse is for power purposes sueh usei
nan be subject to such limitations
s may be prescribed by law" Pri-
rlty of appropriation shall give the
letter right as between those using
ne water; but when the waters OF
ny natural stream are not sufficient
or service of all those desiring the
Sc or the same, those using the wat
rs Tor domestic purposes shall (sub-
ect to such limitations as may bel
rescribed by law) have the prefer
nee over those claiming for any [
Their purpose; and those using thei
'ater for agricultural purposes shall
ave preference 1NeE those using the /.
anne tar manufacturing purposes. {
md in any organized mining dis :
riot those using the water for min :
1g purposes or milling purposes
onnected with mining, shall have :.
reference over those using the same a
Or manufacturing or agricultural
imposes. But the usage by such
hosequent appropriations shall be CT
nbject to such provisions of law 81
egulating the taking OF private
roperty for publie or private use. Ia
$ retered 10 in Section IA Of Arti-
Ie OF this constitution.
Section 8. The Secretary of State
hereby directed to publish this
roposed constitutional ameudmest }.
nee week for six eoAsecutive
eeks, prior 10 the next general