Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1924-09-26

g enacted by the Seventeenth Sessio
d of the Legislature OF the State {
Idaho. proposing an Amendment {
Section 3 of Article is of the Con
> stitution of Idaho.
e IN TESTIMONY WHEREOF,
s have hereunto set my hand and al
fixed the Great Seal OF the State
Done at Boise, the capital of Idaho
! this Twenty-hrst day OF August A
d. 1924.
CSEAL) r. A. JETER,
Secretary of State
LEGISLATURE OF THE STATE OF
IDAHO
SEVENTEENTH SESSION
IN THE SENATE
SENATE JOINT RESOLUTION No.
By Committee on Irrigation and Wa
ter Rights
Joint Resolution to be submitted to
the electors of the State of Idaho
for rejection or approval, prepos-
ing the amending of section OF
Article Is of the State Constitu-
ton of Idaho, relating to the APP
propriation of water and prior
titles, and providing use of water
for power purposes to be limited
as provided by law.
Be it resolved by the Legislature OF
the State of Idaho:
Section 1. That Section of Ar
tcle Is Of the Constitution of the
State of Idaho, which reads as fol-
lows:
Section 3 The right to divert and
appropriate the unappropriated wa
tiers of any natural stream to bene-
fetal uses, shall never be denied.
Priority of appropriation shall give
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 pur-
poses shall (subject to such limita-
tions as may be prescribed by law
have the preference over those claim
ing for any other purpose; and those
using the water for agricultural
purposes shall have preference over
those using the same for manufac-
turing purposes. And in any organ |
lzed mining district those using the |
water for mining purposes or milling |
purposes connected with mining, |
shall have preference over those us
ing the same for manufacturing or |
agricultural purposes. But the us
age of such subsequent appropria-
tors shall be subject to such provis-
ions of law regulating the taking of
private property for public use and |
private use, as referred to in Sec
ton IA of Article / OF this constitu-
ton, be amended TO read as follows:
Section 8. The right to divert and
appropriate the unappropriated wa
ters Of any natural stream to benef-
cial uses, shall never be denied; pro-
vided, however, that when the use is
for power purposes such use shall be
subject to such limitations as may
be prescribed by law. Priority of
shall give the better
right as between those using the wa
ter; but when the waters of any ma
tural stream are not sufficient for
the service of all those desiring the
use Of the same, those using the wa
ter for domestic purposes shall (sub-
ject 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
Jame for manufacturing purposes.
And in any organized mining district
hose using the water for mining
or milling purposes connec-
ed with mining, shall have prefer
snee over those using the same for
or agricultural pur-
roses. But the usage of such subse-
Iuent appropriations shall be subject
o such provision of law regulating
he taking of private property for
,ublic and private use, as referred to
n Section IA Of Article / of this con-
titution.
Section 2. The question to be sub
nitted to the electors of the State
4 Idaho at the next general election, s
n order to determine whether they s
ill approve or reject the amendment S
proposed in section /, shall be as s
ollows: s
Shall Section 3 of Article Is of 4
he Constitution of the State of Ida n
o be amended to read as follows: {
Section 8. The right to divert and e
ppropriate the unappropriated wa b
ers of any natural stream to benef- B
ia1 uses, shall never be denied; pro- d
lded, however, that when the use Is
Or power purposes such use shall pc
lbject to such limitations as may S
e prescribed by law. Priority of I,
ppropriation shall give the better
ght as between those using the wa
sr; but when the waters of any s
atural stream are not sufficient for
le service of all those desiring the
se of the same, those using the
alter for domestic purposes shall 3
subject to such limitations as may
2 prescribed by law have the pref
'enee over those claiming for any n,
her purpose; and those using the a,
alter for agricultural purposes shall N
ave preference over those using the r
me for manufacturing purposes. n
nd in any organized mining district h
lose using the water for mining q.
Irposes or milling purposes con- W
scted with mining, shall have pref n
ence over those using the same n
r manufacturing or agricultural y
irposes. But the usage by such y
bsequent appropriations shall be y,
bject to such provisions of law
gulating the taking of private >,
'operty for public or private use, ~