Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1879-11-04
4us Austles Aerald.
The Water Question and the New
Constitution.

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the water question took place at
Vernon District on Saturday last.
Mr.. Gstchell, on being called to
the chair, said the object of the
meeting was to take such action as
would prevent. the destruction OF
their property by depriving them OF
their right to the surplus water OF
Los Angeles city. He then pro-
ceeded to read the resolutions
passed at the last meeting-Sena-
tor.elect J. z. West being then
present.
Resolved, That lands on which
water has been used for successive
years for irrigating purposes have
thereby acquired vested right to
the use of water for irrigation, and
must be supplied before lands on
which such water has not been so
used can be supplied.
Resolved, That no discrimination
should be used among irrigators,
but that all parties should receive
it at the same price and at the
same time; provided, however, that
where water WORKS are built or
kept in repair by taxation on part
only of the irrigators, then the
other part that are not taxed for
such purpose shall pay such addi-
tional amount for the use of water
as will be equivalent to such tax.
Resolved, That our Senators and
Representatives from this District
are hereby requested to use their
best endeavors to have the sub
stance of the foregoing resolutions
incorporated in a General Law on
the subject of Water and Water
Rights under the new Constitution,
at the earliest practicable period OF
time.
Assemblyman.elect Green, be-
ing called on, said during his six
years residence in this State, he
had always been much interested
in the water question, and his OBJ
ject would be to support the rights
OF the many against the encroach-
ment of the few. The new Consti-
tuition takes the ownership of wa
ter rights out of the hands of corpo-
rations and vests it in the State for
the benefit of the people; but in so
doing 1t does not effect any vest ed
right to the use of that water al
ready acquired by Use. Article IA
refers to the regulation and control
Of the public use of water, not to
its confiscation. The new Constitu'
ton amply regulates and controls it,
and also takes it out of the monop-
polists' hands; but in his opinion,
the State cannot divert any present
right to its use, and gave
as an instance Emmerson Col
lege, Illinois-the lands of
which were exempted from
taxation by the State; new Con-
stitution having been adopted after
wards, the State claimed the right
of taxation, but the District Court
decided that the State having once
made the contract it be adhered to.
A title is only acquired by actual
use to stream of water, and the
State can cotrol the excess or waste.
Vernon district has been irri-
gated, parts of it, for twenty-five
years and all of 1t for ten years,
and it seemed to him as clear as
MONDAY that Vernon has some
rights, and that the city has lost its
power to deprive it of water and
thus destroy property already ere.
ated. Districts should choose theil
own Supervisors to regulate them
locally, and should be guided by
some general law ON the subject
Were the water of Los Angeles
river conveyed in pipes, or even in
concrete bitches, he thought the
question would be solved. In con-
Guiding, the gentleman said lie
would always oppose the curse OF
monopoly and support the greatest
good to the greatest mum.
Der. Supervisor Rogers thought
the former speaker thoroughly
grasped our situation, and that
priority of use aud appropriation
gave priority of right. He woulC
ask, Does vested right to water
center in the Council or go with
the land?
The Chairman said it certainly
went with the land, not with the
ownership.
Supervisor Rogers said the cit,
would have to be recognized unde
the new Constitution, as would al
cities under 100, 600 population gov
erned by special laws, and said
amid considerable laughter, that
Los Angeles was organized under
the vastest kind of a special law.
Mr.. Brewer asked how far a vest.
ed right went and whether the city
has a right to more water than she
Is using now.
DIR. Siddous thought the water
representation shonld be based on
acreage and not on valuation.
The Chairman thought the old
water grant extended over larger
area than the present city, and that
the State has the same right to pass
laws prohibiting discrimination II
water as ia freights and fares; but
not to confiscate it.
Mr.. Smith proposed that Com.
mittee be appointed to collect facts
and data for our representatives.
A cordial vote of thanks was
passed to ACKNOWLEDGEMENTS Green
for his attendance and also to the
Chairman