Ohio Issue 3, Property Water Rights Amendment (2008)

Ohio Issue 3
Election date November 4, 2008
Topic Property and Water
Status Approved
Type Legislatively referred constitutional amendment	Origin State legislature

Ohio Issue 3 was on the ballot as a legislatively referred constitutional amendment in Ohio on November 4, 2008. It was approved.

A "yes" vote supported guaranteeing property owners the right to make reasonable use of ground water beneath their land and on their border.

A "no" vote opposed guaranteeing property owners the right to make reasonable use of ground water beneath their land and on their border.

Election results

Ohio Issue 3
Result		Votes	Percentage
Yes		3,631,380	71.95%
No		1,415,933	28.05%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Issue 3 was as follows:

“

To adopt section 19b of Article I of the constitution of the state of Ohio. This proposed Amendment would: Make explicit that a private property owner has a right to make reasonable use of the ground water that lies beneath the owner’s land, although this right is subordinate to the public welfare. Make explicit that a private property owner who owns land on the border of a lake or other watercourse has a right to make reasonable use of the water in such lake or watercourse located on or flowing through the owner’s land, although this right is subordinate to the public welfare. Not affect the public’s use of Lake Erie and other navigable waters of the state. Prevent the rights confirmed under this proposed amendment to the Ohio Constitution from being impaired or limited by the operation of other sections of the Ohio Constitution. If approved, this amendment shall take effect December 1, 2008. A “YES” vote means approval of the amendment. A “NO” vote means disapproval of the amendment. A majority YES vote is required for the amendment to be adopted. Shall the proposed amendment be approved?

”

Path to the ballot

See also: Amending the Ohio Constitution

A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also

2008 Measures

• 2008 Measures
• Water on the ballot
• Property on the ballot
• 2008 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Legislative Reference Bureau, "Proposed Constitutional Amendments, Initiated Legislation, and Laws Challenged by Referendum, Submitted to the Electors," December 7, 2018