The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-03-12
MORE G LIGHT.

Ter, alter quoting SolHe
show that a suit may be brouShtln the
name of the State by its Attorney "eh-
eral. which have not the slightest
relevancy in this case, as NOBODY ue-
MED the right of a State to bring suit
in a proper case, 1t says;
The r of an injunction Is /"
prevent damage. After damage iia>
occurred through tre>pa>>, the suit
that follows is a proceeding 10
the amount of the damage. Inc COM
panv publicly announce a purpose 10
take from the lake l5'-th"-V" @aiLo'ls
of water daily. Such a diversion
would necessarily affect thc Noluii'e
of the Truckee-lt could NOT De Other
wise-and the ground for an lnJunc-
ton is ample. We ask the N''olncS
General TO apply for 1t.
The suit that follows alter damage
committed Is not confined TO an action
for damages by any means. but IN case
of 4 diversion of water unlavfullN. Is
usually an action for a perpetual IN
iunction with or without a claim Tor
damages. The point we make TINS
ease is that the State as a State has no
title to the water As the fee TO the iand
which II covers belongs to the Federal
Government. The Federal Govern
ment being the riparian proprietor OF
the water, it * subject to the same
general laws as all streams and bodies
of water on the public domain, and Is
only subject to the sovereignty Of the
State to the saine extent and in the
same manner as all other private
propertv III the State. and no action
can be brought by the State unless II
be in defense of the rights of It's cItI-
zens who have vested rights in the
waters of the lake. Now. il an action
could not be brought and maintained
by a private citizen of the State, against
any person or company, whether that
person was in this State or California.
it follows a priura that no action would
lie bv the State on behalf of such cltl-
zen. To make obvious the position
that an action can not be maintained to
restrain a person or corporation tor a
threatened diversion of 4 stream or
BODY Of water where the wholeot such
| wafer is not owned or claimed. We viii
introduce a simple illustration for the
benefit of the Enterprise. suppose
the outflow of a lake on public land to
be n thousand inches, and suppose
4. has converted to his use for mining
manufacturing or milling purposes
five hundred inches Of that water anC
no more. there would be five hundreo
inches running to waste. suppose
then that b should incorporate a com
rany and commence cutting a ditch tC
tap the same body of water. and i'll hi,
articles of incorporation should pub
lish his intention to divert the whole o
the one thousandincheS. and appropri-
ate the same to his own use. ON this
showing of facts could \ sustain al
action to prevent + from cutting hi:
ditch. OF would he be compelled tC
wait until b had interfered with Tho
water claimed, owned and used 10y
him? We %apprenend that \ woulc
cut but a sorry figure in Court witt
his complaint to restrain Il from cut
ting his ditch to the lake when n
half the water was running to waste
and to which b would have a perfec
title so soon as his ditch was com
pleted. In the present case, to author
ize the State to bring and maintain al
action in defense of the rights of it
citizens. by the Attorney General, l
vould be necessary to show first, tina
all the water sought to be diverted
was within the sovereign protection o
the State, because if any part of tn
water was in California this Stat
would have no jurisdiction over sue
part, and the water company could nc
be restrained from using 1t by tn
State; and in the second place, if al
the water was within the limits OF TIN
State. it would then be necessary I
show that the entire body of water ha
been appropriated to some useful pun
pose before an injunction would IL
against a person seeking to appropr
l ate the water. AS TO such showing
, as those above referred to can be mac
in this case, we again repeat that tn
wise legal advice of the EnterprIs
will 60 unheeded.
London has Il daily supplyo Of 9, 200
l OO0 gallons OF water, furnished b
Il eight companies; but there IS consider