The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-03-18
WHO OWNS THE WATER.

Now we do moi propose to permit
Won Schmidt and company to diver
the waters of the Truckee from TINS
State, relying upon their generosity to
compensate Il citizens for whatever
damage may follow their diversion.
The state would be injured ny the
robbery-and We can call II nothing
else-and the State in its sovereign
capacity should appeal to the Federal
Courts for protection. The Wat>r o
the Truckee belongs to Us, and not an
inch can he diverted without injury to
the State.
Now we deny that a single inch OF
the water of the Truckcc river belongs
TO the State of Nevada n that the State
of Nevada has any property rights
whatever in that stream: but on the
contrary its waters are subject to all
the provision of the Act of Congress OF
July 1866, establishing and confirming
title to water rights on the public
lands i'll this State and California. If
the State of Nevada OWNS land ON
| the margin Of the Truckce river. then
the State may claim the u>utrUct Of
the water. and should a diversion Of
any part of the stream above work an
injury to the preparatory rights OF the
State. an injunction might be obtained
by the State to restrain such diversion.
but the State would be in no better
position than any private person who
owned lands through which the
stream flowed.
1t Will not do to urge a claim OF title
to the waters that flow out Of Lake
Biwler. because under the Act of Con-
gress ceding the swamp and over
flowed lands to this State, We are the
owners Of and may obtain title to the
lands submerged by the lake. for
If that was the foundation of our claim
then more than half the water of the
lake would belong to California. and
once its title had vested in the water.
it or any of its citizens would he at
liberty 10 dispose of it III any manner
they see fit. But this is no valid
claim of title to property in the water
as the moment it had passed from the
, lake in its course to the valleys below,
it would again become public pro
perry and Liable to be appropriated by
:: any person desiring to use it for a
r beneficial purpose. To talk about the
2 waters Of the Truckee belonging to
this State Is too absurd to be worthy
/ of notice. As well say the timber
Y lands and pine forests which clotht
our mountains 10 the westward belong
to the State. because by virtue of heI
! eminent domain she has general SOY
ereignty and jurisdiction over them
When the water of Lake BigIcr flows
out of lis bed on to the public domain
,, it becomes subject to the general laws
+ governing water rights without refer
o ence to State lines OF state bOundarie,
g.. and il the writer in the Enterprise vii.
- take a little pains to examine the de
cisions OF the courts of California and
. this State. together with the law O
Con-rc>s passed i'll 1866. making tho>,
. decisions the established law am pol
-. lev of the Governments. he viii say,
= himself all further waste and cNhaus-
=, ton OF his vital powers in combating
huge armed COLLINS which have NJ
existence except III his caioric and dis
ordered brain. We are perhop, Will
. ing TO 90 as far i'll defense Of Stat'
rights 4, the vaIorous writer of tht
Enterprise, and by a comparison O
~antecedcnt> would be Justified III say
:. ing even a little farther, Yet We are no
: willing to admit that the State may
u appropriate t itself the properly Of the
United States within its borders. Tht
II State may acquire title TO the property
of the Government, but must do it il
the mode and hammer pointed ont 10y
law, just as any private citizen Woul,
: do. The Supreme Court Of our owl
Safe has gone farther than we care Il
# 20 at this time in the direction Of tn
/ paramount right OF the Government It
y the use ofthe water in streams whic'
flow over the public domain. In tn,
> case of Covington vs.. Becker, reported
in 9TH New, the Court hold that a set
tier on the public lands who has onl.
3 a possessory title, cannot maintain
= riparian rights against n in the ac
II tual possession of water by prior ap
l preparation. 1t is safe TO say thai til
States riparian rights are very limite'
> in the present case, as we are not al
d" vised that it holds the fee to any con
- siderable amount of land along tn
)" Truckee river, and as to its h%ayingan
other kind of title 10 the water by vii
tue of State sovereignty, eminent do
Imam or otherwise, we utterly den