The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-12-13
VAESICkLE VS.. HAINES.
The Appropriation of Running Water q
Natural Right.

therefore. which having its founda-
ton in the former, is supported by
the latter, must prevail We that
which at variance to both, works pub
lie Inconvenience and personal
wrong.
Heretofore We have briefly shown
that appropriation vas the only doc
trine consistent with the peculiarities
of our climate, and the wants of our
people; and that in our primitive
condition the acquisition of an usu-
fruct inrunning water by occupancy
had support in the acknowledged
precepts of the law. It is Il pres
ent purpose to enlarge upon this
view.
The only interests in this State
worthy OF mention are mining and
agriculture-for without these all
other interests would perish. But
tte<e interests require Il peculiar and
exceptional use Of water-one wholly
unknown at the common law. The
quartz mills corrupt the water with
tailings and poison 1t with chemicals,
and the ranches consume it by alb
-sorption il tLesoil. As The doctrine
OF riparian ownership forbids the
corruption CT consumption Of the
water OF a stream it follows that
either the use must cease, OF the
doctrine of riparian ownership be
disavowed. Does the history Of
mankind present a previous exam
pie of a court deliberately adopting
a rule which renders eriStence 5nlpos-
si57e2
Not alone in view of our necessi-
ties. but as well in consideration of
our normal condition, should the law
OF appropriation prevail in this
State. The acquisition of right by
occupancy IS the very first law Of
society. It is said by Blackstone to
be the origin of property; and al
though society ard government have
limited, yet they have by no means
destroyed the principle. 1t is still
applicable to that which abandoned
hath no owner, and must ever be as
to the elements of light, air, and
water" which still belong to the
first occupant" VansickIe was the
first occupant of the waters OF Dag
gett Greek. Before him no person
had acquiredausufrHc in the stream.
Movable and wandering "-applied
to nc useful purpose, it found its
way into the Carson and disappeared
forever in the sink. As to this
water, therefore, it was as in the be-
ginning, when all things were COM
mon, and when man held his prop
erty by virtue of that old law which
gave him dominion ever the earth"
In the State of California at time
when the condition Of the public
lands was precisely as here, and the
necessities for water exceptional and
much like our own, the Supreme
Court unhesitatingly adopted The
rule of appropriation. Mr.. Justice
Field, at present of the Supreme
Bench of the United States, a iurist
equally e~minentfor his learning and
comprehension, expressed the doc
trine N these words: The first
appropriatore f the water of a stream
passing through the public lands in
this State has the right to insist that
the water shall be subject to his use
and enjoyment to the extent of his
original appropriation" We cannot
better express our opinion of the
excellent rule, at an early day adopt
ed, and still adhered to in the State
of California, than BY adopting the
words of Chief Justice Lewis of the
Supreme Bench of this State in Lob
dell VS.. Simpson, 2 Nevada, p. 27: