, 1881-08-06

Cd. SrArrsXAy

Ihs newspapers Az :hs people are as-
cussiue ,hi. matter pro and con. bat no ons
seeIos TO have definite ida Of ehat IL
ne7pt by water for city purposes. l
do no: say tina, know all that is included
in the expression. However, ] venture
20 define It Water for natural uses IN
Wslla WaIis city. But what are natural
uses Of wster and who are entitled 70 the
same Though We eau trace the laws OF
water courses back 20 the Roman Empire
and coming down through tie common
Law, the question was never, TIL the
year Is4s, decided by any court as to
what consiitutes natural Uses OF water.
In Angel on water courses We ind the
following Quoted from Evans VS.. Meri-
wether 3 Scam an r. 49a6: Each ripa-
rian lbAnk) proprietor is bound to make
such use Of running water as TO do as
little injury TO those below him as is con-
sistent with a valuable benefit To himself.
The use must be reasonable one Now
the question that fairly arises is that a
reasonable use of running water by the
upper proprietor, by which the fluid is
entirely consumed. To answer the ques-
ton satisfactorily it is proper 10 consider
the wants III regard. To the element OF
%ater. These wants are either natural
or artificial. Natural are such as are ab-
-olurely neos ssary to be supplied in order
10 his existence. Artificial such only as
by supplying them his comforts and pros
periiy are increased. To quench thirst
and TOR household purposes. water Is ab-
snlufely indispensable. In civilized life.
water for cattle ia also necessary. These
wants must be supplied or both man and
beast will perish. The supply Of man s
artificial wants is not essential to his ex-
isteuce; IT Ia not Indispensable; he could
live if water was not employed in i1igat-
ing lands or in prdpellins machinery. In
countries differently situated from ours,
IN. } with no, and arid climate, water
doubtless IS indispensable to the cultiva-
tion OF the soil, and IN them water for
for irr CATION would lie n natural want.
Here Illinois) it might increase the pro-
duction of the soIi, but 1t Is by no means
essential and cannot, therefore, be c0nsld-
cred natural want Of man. So os man
ufacturers; they promote the prosperity
and comfort OF mankind, but cannot be
considered absolutely necessary to his ex-
istencs" From these premises the court
then proceeded t. state the o"BclHs'ons
resnlling, namely THAT an individual
owning a spring On his land, from which
water flows IN = current through his
neighbor's land. would have the right to
Use the whole of It, If necessary, To sat
isfy h.s natural wants. He may consume
all the water for lis domestic purposes IN
GLIDING water for MS stock. Ii he desires
20 use IL for irrigation or manufacture,
and there be lower proprietor TO whom
its use is essentia! to supply his natural
wants or for his stock, he must use the
water 50 as toleave enough for snch lower
proprietor Where the stream is small
and does not su ply water more than
sufficient 10 answ the natural wants OF
the different rpprieturs living on 1t. none
of the prpprietors can use the Sater TOR
either irrigation or manufacture. 81 tar
then as natural wants are concerned there
is no difficulty III furnishing a rule by
which riparian proprietors may Use How
ing water 10 suppl natural wants Each
proprietor in his urn may, # Necessary,
consulate all the water for these purposes.
"In 4 .ate case il the English curt of
Exchequer the Chief Baron said, but no
doubt # the stream We're only used by
the riparian proprietor and his family by
drinking it or FIR the supply of domestic
III rp"ses: and II may be conceiy, d that II
a field he covered by houses the ordinary
Use Of the inhabitants might sensibly d.
minish the stream; yet no action would,
We apprehend, lie any more than If air
was rendered less pure and healthy by H.
crease Of inhabitants IN the neIghborhood
and by smoke issuing frr IN chimneys OF
an increased number Of houses" Nom
these authorities it is quite clear that the
riparian proprietor may III his turn use all
the water Of the stream flowing through
his premises, If necessary, 10 supply his
natural wants We have also seen that
this same right belongs to the inhabitants
Of houses covering field, and that no
actinl. will lie for 1t. What more than
field covered with houses inhabited by
people with natural wants is this city I
We all know that the ordinary natural
wants of people are-water for drinking,
cooking, washing clothes, floors, back
houses, stock, etc. All these surely be-
long to riparian proprietcr. But is the
city of Walla Walla a riparian proprietor
on Mill creekl answer-Yes. BE
cause this city was dul, incorporated by
act Of the legislature III 1861, and has
ever since been 4 person IN law and capa-
pie OF owning property and sning and
being sued 2-Because soon ther. after
the city of Walia Walla applied for and
entered from the United States, the
southwest and the southeast quarter of
the southwest quarter of Sec. go, t. Z.
\. r. 80 east. and the United States in
1863 made aud delivered to said corpora
ton CITY Of Walla Walla, patent in
due form To said 50 acres Of land and said
city OF Walla Walla still holds all the
streets and alleys in said eighty acres in
fee simple coupled with the authority and
duty L. govern the whole people inhabit-
ing sad so acres of land, and u supply
them ~ith water Ter their natural wants
Mill creek naturally flows through this so
acres near It's center. What il there 10
hinder the city OF Walla Walls from tax
ing all The water oil Mil creek, if neces-
sary, tc supply the natural wants of its
people, such as water TO drink, cook,
wash, ,xtinguish FIRE, cleanse the city of
nauseous matter, which means sewers,
etc. Those people who have mills, etc,
must yield their artificial rights TO the
stern demands Of natural wants, If neces-
sary, ard they are without remedyas they
can MAINTAIN no actions in the premises
Let this subject be further investigated
and # il lie found that these positions are
correct let our c;.y cheers act accordingly
Here is plenty Of cheap and good water.
L.
IL i