Georgetown weekly news., 1855-03-08

DITCH BILL.-In the Miner s HdOOcdte
of last Saturday, appeared an article very
justly censuring the propriety of a Bill in
troduced into the Assembly by Mr.. Adkin-
son of Ynba County. Though there was
an amendment made to the bill, the AdUO-
cate properly maintains, that
''The most Objectionable feature in the
old blll-the fourth section-does not ap-
pear to bestIicken out This is the section,
it will be remembered, in which it is pro-
posed to establish the principle that the
miner shall not have the right to the free
use of natural water in the bed or the bank
of natural stream, unless he happens to
have prior individual right over the ditch
company that may propose to direct it else
where through an artificial channel. The
effect of this provision cannot be otherwise
than apparent to those acquainted with
mining and ditching. There are hundreds
of ravines and gulches in the mountains Of
California, where during part of the year,
miners would be compelled to pay ditch
companies for the use of natural water
No greater and more objectionable out
rage could be inflicted upon the hardy sons
of toll who delve into the earth in search of
its hidden treasure"
Again this paper shows in the bill, "a fa
tai stab at legitimate ditch companies, and
affirms that door is left open for petty
but extensive system of water stealing, that
would be deprecated by both ditchers and
miners. In a synopsis Of the Marysville
Herald, the following language is taken from
the bill:
NC deviation, in the length and capaci-
ty of the ditch or hume, from the sworn
statement as recorded, shall be permitted,
and all surplus water shall be subject to be
claimed and appropriated in the same man.
ner as the original stream. In cases of dis
putes, as to priority of claims, the notices
and statements filed with the justice of the
peace in the recorders Office shall be cOnclu-
sive evidence. This act is to go into effect
Immediately after its passage"
How again the AdUocate very properly
says
mo deviation can be made ir the length
or capacity Of the ditch, from the sworn
statement as recorded before the oCOrk IS COM
menced; for the statement and record have to
be made before the claim can be perfected. A
plat of the survey is to be recorded, before the
claim is complete, exhibiting the exact line
Fand length of the ditch, and no deviation or
extension whatever can ever be made
x K
The true doctrine is this: Ditch compan-
les having acquired right to divert water
from its natural channel, cannot and should
not lose their proprietorship Of it until it
has ceased to be of use to them. If they
have right to the water at the stream,
they certainly will have as good right to
it after they have conducted it, at great ex-
pense, an hundred miles. II this water
stealing project should succeed, it would be
exceedingly likely to break up nearly every
ditch company, and render comparatively
valueless nearly every ditch in the State
1t would certainly deter any and all parties
from cutting and constructing any new
ditches and would thereby greatly retard
the mining interests generally. No ditch
company could exist if confined, in sales of
water, to the main line of their race. They
must have an opportunity Of running side
lines or branches to any point within their
reach where water is wanted; and water is
wanted wherever diggingS are discovered.
When making their survey, it is impossible
for the company to know just where they
can use their water to the best advantage.
Their first study is to raise it out Of the
stream to the top of the divide, and then
carry it wherever the most inviting prospect
lies. They must have side lines, in order,
also, that the water may be caught up and
re-sold, for one selling of water would not
pay at three times the present prices where
it has been conducted long distance
Again, the diggings on line of ditch
may be worked OUT and the company de-
sire to extend it to some point or points
where there are new diggings. The right
to make extensions is the most absolutely
necessary privilege that ditch companies
have. According to Mr. Adkinson's BILL
the company could not extend; but the Wa
ter stealers could commence their operations,
and, by cutting few miles of race, have all
the advantages of a ditch say one hundred
miles long.
Mr.. Adkinsons bill, as a whole, seems to
have been drafted for the benefit of these
Water-thleves, and we repeat that the hon
orable gentlemen has certainly been misled
by bad advisers. There are evidently some
parties at the bottom of it, who have it in
their minds to take up and sell water for
mining purposes, without going to the ex-
pense OF cutting long ditch. We have too
much confidence in the honesty and ability
OF the members Of the Legislature to suppose
for one moment that any such bare-faced
sWlndle can prevail"