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| Proposing to enact Section 19b of Article I of the | 1 |
| Constitution of the State of Ohio to affirm | 2 |
| certain property interests with respect to ground | 3 |
| water and other water on or flowing through a | 4 |
| property owner's land so as to maintain the | 5 |
| stability of Ohio's economy. | 6 |
| Be it resolved by the General Assembly of the State of Ohio, | 7 |
| three-fifths of the members elected to each house concurring | 8 |
| herein, that there shall be submitted to the electors of the | 9 |
| state, in the manner prescribed by law at the general election to | 10 |
| be held on November 4, 2008, a proposal to enact Section 19b of | 11 |
| Article I of the Constitution of the State of Ohio to read as | 12 |
| follows: | 13 |
| 14 | |
| 19b. (A) The stability of Ohio's economy and the | 15 |
| protection of the rights of Ohio's property owners require the | 16 |
| recognition and protection of property interests in ground water, | 17 |
| lakes, and watercourses. | 18 |
| (B) The preservation of private property interests | 19 |
| recognized under divisions (C) and (D) of this section shall be | 20 |
| held inviolate, but subservient to the public welfare as | 21 |
| provided in Section 19 of Article I of the Constitution. | 22 |
| (C) A property owner has a property interest in the | 23 |
| reasonable use of the ground water underlying the property owner's | 24 |
| land. When that property interest is taken for public use, the | 25 |
| taking and compensation shall be made in accordance with Section | 26 |
| 19 of Article I of the Constitution. | 27 |
| (D) An owner of riparian land has a property interest in the | 28 |
| reasonable use of the water in a lake or watercourse located on or | 29 |
| flowing through the owner's riparian land. When that property | 30 |
| interest is taken for public use, the taking and compensation | 31 |
| shall be made in accordance with Section 19 of Article I of the | 32 |
| Constitution. | 33 |
| (E) Ground water underlying privately owned land and | 34 |
| nonnavigable waters located on or flowing through privately owned | 35 |
| land shall not be held in trust by any governmental body. However, | 36 |
| the owner of such land voluntarily may convey to a governmental | 37 |
| body the owner's property interest held in the ground water | 38 |
| underlying the land or nonnavigable waters located on or flowing | 39 |
| through the land. | 40 |
| (F) Nothing in this section affects the application of the | 41 |
| public trust doctrine to the waters of Lake Erie and the other | 42 |
| navigable waters of the state. | 43 |
| (G) No other provision of the Constitution shall impair or | 44 |
| limit the rights established in this section. | 45 |
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| If adopted by a majority of the electors voting on this | 47 |
| proposal, the enactment shall take effect January 1, 2009. | 48 |