Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-08-02
TIE IRRIGATION QUESTION.
The Views Of The State Engineer as Con-
trasSed with those of the Surveyor
General

me views OF the State Engineer as Con-
trasSed with those of the Surveyor
| General
EDS. RECORD UNION: have real with
much interest the articles on irrigation and
| riparian rights from he pen of our honorable
Suryeyor-General, as recently published in
your paper, foe I realiza the Importance of
| bringing toe subject before the public, and
| ana pleased to see this being done by one 30
compsient as Mr.. Shanklin.
Having been charged with an official in.
vestigation of the subject, 1 am not free to
speak uuoticially, except in so far as l have
already reported but as Mr.. Shanklin in
calling attention to thst which l have writ.
ten and submitted. bas, unintentionally, no
doubt. misstated my position on the cues
tiop, venture to make correction.
Toward the end Of his third paper, in your
Issue OF July 3lst, after referring to my report
OF 1881 IN very graceful manner, and after
sayirg, I'VE agree as 70 what should bs done
were Gil obstacles removed, but we differ in
this"-namsly, the removal or manner of re.
moving obstacles-Mr. Shanklin concludes ::
His lmy) proposed plan would merely re.
quire legislation to quist title in the present
claimants TO water, virtually giving them
control Of the waters Of the Stete; while nv
idea is that legislation is required TO bring all
users to common levsl Without giving pre-.
ferred rights to favored classes hut giving to
each cuit!vator of the soil in proportion to
the land he cnltiyates, VIXEN there is water
enough for all. or wien there is scarcity,
then tire distribution as to quantity shall be
proportionately diminished, hut 20 one ex-
Guided"
make no criticism upon Mr.. Shanklin's
proposition, but desire TO state my own posi-
tiop, seeing that the above Interpretation of
it is erroneous
Being instructed under the laws to make
"sn Investigation of the problems of irriga-
tor" and TO make such examine tions as
may appear TO be necessary for the full and
complete solution Of there problems" End,
amongst other things, il the irrigation couu-
ties, hundreds Of claims to water existing
without Ineligible record of their extent,
nature or foundation. As Mr. Shankiin has ex.
planned, there have been q number of general
and local or special laws On the subject of
irrigation enacted in the State; aid many
decisions under these, the common law
and the United States statutes, affecting
rights or clains which have been initiated
under them or under the custom OF aprropri.
alton, have been made by the Courts, until,
as q result, there is perfect hodge podge OF
claims aud counter-ciaims active, sleeping or
perhaps dead, and no one can go into any
irrigation county of the State and, from the
records or tie facts to ba ascertained by in
quiry, find out what claims exist, much less
what rights have been established.
Hence, there is o never-ending appeal TO
the Courts by water claimants for settle
ment OF tteir disputes, and q very great dis.
trust abroad in the safety of irrigation enter.
prise, entertained by those who would settle
in the country es farmers aud fruit. growers
l look upon this condition of things as the
most unfortunate chat could we'll obtaiu, and
/ honestly believe that it is doing more to re.
tard the advancement of this State in scduir-
ing desirable population than any other one
cause now operating, fer I have had many
opportunities Of judging of the disappoint-
ment on this score which has met men of
small capitol who have come here in search
of homes and investment aad know CT the
feelings with which they have gone awsy.
Thinking thu7, l have strongly recon.
mended, as a first move. that the Legislature
take such steps as viii establish as soon as
possible the status of each Of these water
claims, and make it, SO far as it is good and
valid claim, properly Of record aud then
require each claimant of water to keep his
claim posted up TO date in the Recorders
office By sn annual sworn statement Of the
extent of his diversion and distribution for
uss. Going beyond this, | have suggested
that the State take control OF this distribution
of the waters from the natural streams to the
artificial canals, and thus see that the water
is dealt cut according 10 the recognized
claims, as it is done in every other irrigation
country, and thus stop this eternal squabbling
In the Courts and warfare On The streams
And going sill further, | have pointed out
that the State should retain the power, under
any circumstances, to insist upon an econom-
ical use of waters in irrigation, SO that all the
lands which it is possible to serve with the
supply may be watered.
The legislation outlined in my report of
1881, as was specially stated therein, was of.
fere1 rs suggestion, only TO serve as start.
ing point for discussion.
| have nos Ysntured 60 express an opinion
as &c whether there exist any valid exclusive
claims or rights to water for irrigation or NOT.
or what is the nature of the claims, if any
well founded. Bus / have tried, without at
lacking aay class of claims, TO point out the
absurd condition in which t'is irrigation in.
terest now is-to show that it is simply bird
of one kind for the legal fraternity to pluck,
and, at the SAME time, al object of another
kind to scare away would-be settlers in TIE
couutry-that in reality water appropriations,
riparian propristors. and dry land owners,
one and ell, are suffering for the want of
defined and active policy On the part of the
State Ia the matter Of Irrigation, snd that it
ceedings as will bring these troubles to a
speedy termination.
MIR. Shalk,in, unintentiouallv, perhaps,
hiss conveyed the idea that ] would confir a
existing water claims as a solution Of the
problem. This is not in accordance with
what | have reported. But l do say now
that it were better to set up and recognize
water monopolies by Legislative action at
once, and then regllats them by statute uu.
1er kt,p stskf1ilnn thop - OF
as they are drifting az present 10 this regard,
for to this end viii we come at lsat, and then
the whcls matter viii be in a most unman.
agesble form, for msGY Feasous which it
would take too mUci space to PRESENT here.
| see in the rot distant future an outcome
wherein this subject will be so mudled By
piecemeal treatment IN the Courts, as point
by poipt-in no consecutive order or broad
scope-the questions at lay ars brought be-
fore them, that nothing bat cor tinued and
everlasting litigation can be uade of it
When other thousands upon thousands of
dollars viii have been expended in wrang.
ling aid other millions will have been wasted
in fiuey vo.hs ia dupl;c4te and without
system, and when a desirable class Of set
tiers viii have baea kept from cur State,
then will there be cause for cutlery more
widespread than any which now ex sts, and
one which will come as near houe az any
cause well can cocie.
Now, | want to avoid this as first step by
State legislation, authorizing ard directing
scma constituted authority to call upon all
claimants Of water 20 prove up their claims
TO the extent they have been made coed, if Of
all, under the laws end Constitution, and
make them Ok ecord according to some gen.
ersl standard Of measurement as to amount.
This il a preliminary step only; and IL per
chance there are no valid water claims for ir.
rigation existing in the State, as I under.
stand Mr.. Seanklin to maintain, then the
Courts viii 30 fad, no doubt, and TIE whole
matter viii be greatly simplifed O., If, per-
chance. the Legislature has complete control
over eli waters in the streams, and can regu.
late their disposition without regard TO phi.
vate claims, as Mr.. Shankiin thinks it can,
il (the l.egislature) may find this out when
1t comes to consider the subject on broad
basis
My aim has been to urge legislative con.
sideration and scion looking to State reeu-
lation OF irrigation affairs, to the esd that The
wafer be caused to irrisste ell the land it can
be made to serve, and that at minimum of
cost to tho irrigators.
A settlement of waser-right quarrels and
State supervision Of works and diversions cf
water is necessary to accomplish this end.
The difference between Mr.. Shapkl;n and
myself IL, therefore, that have rot yentured
an opinion on legal poiuts-ss to State au-
thority-bus press the State TO exercise what
authority she has. at once, TO effect solu.
ton; while Mr.. Shanklin, being lawyer.
has written very interesting opinion to the
point that the State has complets control
over the waters and can do as she fess fit bv
legislative enactment in the premises. Re.
specstuliy yours, WM. HAN. HALL.
A LULLABY
Sleep, my child the shadows fall
Silent darkness reigns DER all: