Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-29

1
] rious shapes, and one decision has quite re-
/ Gently been rendered which epjoins one of the
most noted of this class of appropriations
| from trespassng upon the rights of certain
riparian proptieto:s. This gives alarm to ap-
propriators 10 Fresno and other counties who
disregsrded the special laws provided in such
! counties for the distribution OF water by
Water Commissioners. Hence legislation is
asked not so much fer tie projectors OF the
| bitches or the eompaDits who organized and
| appropriated water in disregard Of the county
isws, but for the protect Of those who have
been duped into tho purchase aud improve.
ment of lands dependent nog for their very
existence upon the continued reception o
water from the existing bitches.
IT CAN READILY BE SEEN
| That judge North's propositions will rot
avail in the present crisis, as O retroactive
law cannot be passed 10 interfere either with
prior rights or with rights acquired under the
special county law, unless those laws ssall be
| declared void or unconstitutional and the
solution of thst question belongs to the Courts
and not to the Legislature. But if Judge
| North's position is correct, that the prior
" common'law of appropriation" as he calls
| it, is not affected by the subsequent special
| laws for Fresno snd other counties, then why
ask to have the two sections struck out
| 1t seems TO me that he must be afraid Of the
/
ask to have them repealed.
THE PROPOSITIONS or MR.. GRIFFITH
And of Mr.. Dixon are evidently side efforts,
looking not only to immediate relief in the
| present emergency, but TO accumulation Of
water for increasing future wants. It was
| well remarked by Mr.. Dixon, that public
| right cannot Re condemned under our codes
except for greater public use" Now. if
| by the law of Fresno county riparian rights
are proiec ei, then you cannot condemn these
| rights except for greater public use and
you cannot prove that il is greater public
use if you have to take the water awsy from
tract ef land equally as large or larger,
than the tracts to De benefited by the con-
| demnatior, because you cannot prove that
| the condemned tract is not capable Of sup
porting as many people as the tracts proposed
or expected to reap the benefit from con-
demnation.
Mr.. wHABToss BILLS
| Start out on the one correct fundamental
idea, viz that all tho waters of the State
capable of beirg used for irrigation should be
declared public use, set forth in the Con-
stitutiop, and that al existing claims to t. Of
whatever character, should be condemned,
and the water thereafter be held as public
property, incs pable Of being reduced to rri-
vato or corporate control, and be distributed
| through local State Boards in proportion to
the wants Of the people and their ability to
uss it, so that the greatest good would be ex-
tended TO the greatest number. Mr.. Whar-
| toms tii, you perceive, would do away with
all vexati1us questions that noW exist as to
whether these corporate sppropriators who
become O law unto themselves and build
bitches in size according TO their means,
| taking all the water they could carry
in their bitches without regard TO other
users above or below them en- the
came strsaa,-withous regard to whether
! the Water Commissioners of the county had
given them permission to build such new
| bitches, or had determined the quantity of
water they could take in times Of scarcity, so
as rot TO interfere with prior users-wh ether
by such independent action as stated they
had acquired any legal or vested rights to
water as appropriations. 1t seems to me that
unless the Act of April 2, 1866 is itself void,
as Judge North intimates that psrt of it il,
these appropriations have made themselves
amenable to the penalties provided by Sec
tion of said Act. Mr.. Wharton's bill, how
ever, goes
BEYOND THE CONDENSATION OF THE WATER,
And includes the bitches as well. The peo.
| pie Of Fresno county may perhaps be able to
meet the expenses of such general condemna-
| tion, or perhaps the condemnation outlined
| by Mr.. Dixon, Of both tho water and the
| Iands Owned by the riparian proprietors
whose claim to the water interferes with its
use by the greater number CT residents on the
! plains nhoyc. But I venture 80 suggest that
| the people Of other counties equally depend
| ent on water for irrigation, and not yet so
! forehsnded as to meet the enormous ex-
penses that would be rolled up IF the bitches
Of the appropriations or the lands of the RI
| parianists are to be condemned foT the public
good. l admit that il would be better IL the
bitches could all be owned By the people who
use the water, but we cannot, IL we would,
lose sight Of the fact that it is the capitalists
| who built and still own these bitches, and are
projecting new ones still moro extensive,
I either for the reclamation of desert lands or
| lands comparatively worthless without water.
The condemnation Of such bitches, after the
| lands have bean sold at an enhanced value,
! would only aid the capitali1s. Unless the
! public az large can go into this system Of gen.
! eral condemnation the law cannot pass for
special laws would be unconstitutional. Mr..
Whartons bill is
FREE FROM ONE POINT
Suggested by Mr.. Dixon, viz the condemn
alton of both land and water belonging to or
claimed by riparian proprietors. To carry
condemnation to this extent would meet with
insuIm0untable opposition in this Or any other
Legislature /; but to condemn all water,
without regard to who claims it, and then
law as irrigators, might meet with approval
Then, if the water wss scant in supply for
summer use, all would be equally interested
in increasing the supply by storage. But if,
as Mr.. Dixon said, the ordinary summer
flow is already appropriated, aud condemna-
tion OF riparian claimants must be had to
sustain the present sppropriators then there
would be no interest taken in creating further
supply; having enough now, they would not
tax themselves for the benefit of others The
moment you admit the idea Of condemning
anyone for the benefit Of others, that moment
you put an end TO advancement sud Co the
possibility of the future millions dwelling in
ths San Joaquin valley, so glowirgly depicted
by Mr.. Griffith. But whsn al are put on a
common level, knowing that there will not
/ be water enough for all. unless nature store.
| houses are utilized, then all will cordially
unite in their efforts to secure the required
amount, increasing their efortu from time to
/ time, as their increased wants demand
! To make Mr. Wharton's Bill No. 155 effect
| i've it viii be necessary to pass bis Bill No.
105. This latter bill proposes that 'the
waters of all lakes, rivers, sloughs and run
ming streams of the State, other than nayiga-
bic waters, are hereby appropriated by the
! State for the purpose Of irrigation, mining,
manufacturing and other industri1l and de-
msstic purposes" In this he il skiing no
more than the Constitution declsrer, and that
instrument makes is "subjeet to the rsgula-
tion and control Of the State IN The manner
to be prescribed by law" To obtain this
right of control our Legislature nenogializsd
Congress and it was granted, subject to exist
ing rights which were acquired according to
law-but not appropriated ia vtolatioa of ldle
II / understand Mr.. Whsrson's bill, he
proposes to put all 4 en- on an equality before
the law, both in the matter cf condemnation
and in the use Of water after condemnation
l do not understand that bny Of the bills
before the Legislature propose 70 interfere
in the distribution Of water in cities, towns OF
pueblos, or in the mines-all of them being
left under the present laws relating to them,
but only to deal with water for irrigation,
pure and simple. for the general good
| IRRIGAToR.
SKILL IN THE WORKSHOP do good
work the mechsnic must have good health.
| Ii long hours Of confinement in close rooms