SENATE JOINT RESOLUTION NO. 12

(By Senators Unger, Beach, Cann, Cookman, Fitzsimmons, D. Hall, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Tucker, Wells, Yost, Chafin, Barnes, Boley, Carmichael, Cole, Jenkins, Nohe, Stollings, Kessler (Mr. President) and Green)

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[Introduced February 12, 2014; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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Proposing an amendment to the Constitution of the State of West Virginia, amending article II thereof, by adding thereto a new section, designated section 9, relating to claiming the water resources of the state for the people; preserving riparian rights; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

    Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

    That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2014, which proposed amendment is that article II thereof be amended by adding thereto a new section, designated section 9, to read as follows:

ARTICLE II.

§9. Waters of the state.

    The waters of the State of West Virginia are hereby claimed as valuable public natural resources held by the state for the use and benefit of its citizens, consistent with and preserving riparian rights.

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Claiming West Virginia’s Water Resources for the Use and Benefit of its Citizens Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to protect and preserve West Virginia’s water resources for present and future use and enjoyment while preserving property owners riparian rights."

    NOTE: The purpose of this resolution is to claim the states water resources for the use and benefit of our citizens and to protect landowners water use rights.

    This section is new; therefore, strike-throughs and underscoring have been omitted.