Idaho County free press., 1924-10-30
IDAHO
SEVENTEENTH SESSION
IN THE SENATE
SENATE JOINT RESOLUTION NO. Z
nv CANTNyITTEE IN IRRIG ALTON
IDAHO

SUBMITTED III The El4EOlOhS
OF THE STATE OF IDAHO FOR
REJECTION OR APPROVAL, PRO
POSING THE AMENDING OF SEC
TION 3 OF ARTICLE 10 OF THE
STATE CONSTITUTION OF IDAHO
RELATING TO THE APPROPRIA-
TION OF WATER AND PRIORIT-
les 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 /. That Section 3 of
Article 10 of the Constitution of the
State of Idaho, which reads as fol-
lows:
SECTION 3. The right to divert
and appropriate the unappropriated
waters of any natural stream to ben
eficial uses, shall never be denied.
Priority of appropriation shall give
the better right as between those u.s.
ing the water; but when the waters
of any natural stream are not suffic-
lent for the service of all those de-
string the use of the same, those u.s.
shall (subject to such limitations as
may be prescribed by law have the
preference 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 pur-
poses. And in any organized min
ing district those using the water
for mining purposes or milling
purposes connected with mining shall
have preference over those using the
same for manufacturing or agricul-
tural purposes. But the usage by
such subsequent appropriations shall
be subject to such provisions of law
regulating the taking of private prop
erty for public use and private use,
as referred to in Section ia of Art
icle 1 of this constitution, be amend
ed to read as follows:
Section 3. The right to divert and
appropriate the unappropriated wa
ters of any natural stream to bene-
ficial 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 suffic-
lent for the service of all those de-
string the use of same, those using
the water for domestic purposes shall
(subject to such limitations as may
l. -. lou 1nx fla.a rnf
erence 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 pur-
poses. And in any organized min
ing district those using the water
for mining purposes or milling pur-
poses connected with mining, shall
have preference over those using the
same for manufacturing or agricul-
tural purposes. But the usage by
such subsequent appropriations shall
be subject to such provisions of law
regulating the taking of private prop
erty for public and private use, as
referred to in Section IA of Article
of this constitution.
Section 2. The question to be
submitted to the electors. of the State
of idaho at the next general elect
ion, in order to determine whether
they will approve or reject the a.
mendment proposed in Section / shall
be as follows:
Shall Section 3 of Article Is of
the Constitution of the State of Ida
no be amended to read as follows:
Section 3. The right to divert
and appropriate the unappropriated
waters of any natural stream to ben
eficial 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. Priority of APP
preparation shall give the better right
as between those using the water; but
when the waters of any natural
stream are not sufficient for the ser
vice Of all those desiring the use of
the same, those using the water for
domestic purposes shall (subject to
such limitations as may be prescri-
bed by law have the preference over
those claiming for any other purpose
and those using the water for ag- |
ricultural purposes shall have pref |
ference over those using the same for |
purposes. And in any
organized mining district those using
the water for mining purposes or |
milling purposes connected with min
ing, 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 pri-
vate property for public or private
use, as referred to in Section IA OF
Article / of this constitution.
Section 3. The Secretary of State
Is hereby directed to publish this pro-
posed constitutional amendment once
a week for six consecutive weeks,
prior to the next general election, in
one newspaper of general circulation
published in each county of the State.
THIS SENATE JOINT RESOLU-
TION PASSED THE SENATE ON
THE 3RD DAY OF MARCH, 1923.
III. @. BALDRIDGE.
PRESIDENT OF THE SENATE.
THIS SENATE JOINT RESOLU-
TION PASSED THE HOUSE OF