Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-02-05
THE IRRIGATION CONTEST

The friends of irrigation have wisely
concluded to abandon Il measure before the
Legislature declaring that the common
law Of England as far rs it is consistent
with and adapted to the nature and ply
steal condition of this State, and the neces-
sites of the people thereof, and not repug-
nanito or inconsistent with the Constitution
Of the United States, or the Constitution or
laws, or established customs of the people
Of this State, is the rule of decision in all
the Courts of this State It has been
feared that such Il measure would estop
proceedings against hydraulic mining when
its effects are destructive of agricultural
interests, the navigabiity of the Sacra-
mento river, etc. We have not had any
fear upon that score, because we have be
lieyed such law would be imperative.
The Legislature does not possess the power
TO give a license to iniure nayigable waters.
nor could it, if ever so much disposed to
do so, authorize the commission of a public
nuisance, or Justify irreparable injury to
riparian proprietors. The section quoted
was vague and uncertain at best, and could
only serve to involve the people in litiea-
ton and further contention But there
should be no legislation that by remotest
stretch of construction can be taken 10 au-
thorize resumption of the practice of fill
ing up the streams by artificial processes,
or the sending down upon lands and towns
the debris of hydraulic mining operations.
The abandonment of the bill is, therefore.
a wise act, and will serve to clear the
problem OF irrigation very much. The new
bill proposed, which declares against the
common law right Of riparian owners,
qualities the declaration 50 as 10 make it
refer to the appropriation of water for
purposes of irrigation 1t declare.
that the use Of water for said purposes of
irrigation is 4 public use" This narrows
the issue between appropriations and ri
parian owners, and makes il clearer and
less mistakable, The power Of the LEXIS
lature to pass such 4 bill is scarcely to be
questioned whether it will settle the irri
cation problem is another matter 50 far.
at least, as it provides for the seizure upon
riparian rights only after condemnation
and compensation, it proceeds in a right d.
rection, for without such provision the de
claratory section would not he at all de
feasible. So far as any possible assault by
irrigators upon navigable streams is con
cerned, that Is 4 Federal question. and no
State law can be operative without tar
consent Of Congress. Those interested in
the protection of our navigable waters.
however, would feel more at ease if the
Legislature would aflirmativcly declare in
favor of the integrity OF the navigable
streams being preserved, for that would
render unnecessary any appeal for Federal
interference, in case an attempt should be
made to lessen the volume of navigable
river to It's damage, The people are agreed
upon the need for an irrigation system, and
are all of one mind concerning The use, for
irrigation, Of all waters that can be di-
Verted TO that purpose consistently with
the best interests of the State, and al Its
citizens When we come to methods, ii is
discovered to be the most difficult problem
for solution that has yet presented. But
we have faith that it will be solved
The future of the valleys needing irriga-
ton, under wise system of use of
the waters, will be one of greatest possibili-
ties, wealth and prosperity. Where we
now have hundreds of homes, we shall |
have thousands; where we now have one
consumer, we shall have fifty or hun