Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-26

ovner of the land applied TO some useiul
r,,rnose of irrigation economically applied
1Tba Trustees have power to contract Win
nresent canal-owners for the use OF wafer
Tor the district The lands OF the dlstrlct
without the improvements are supJect 10
tavation for all the works or expenses OF
the district. The valuation is taken from
the last assessment roll of the county, ana
the taxes are collected as State and county
taxes and set apart to the distrlct.
Section 446S of the Pollucal oooe is
amended in a separate bill so as 10 resiu
:. The common law of England, so lar as II
is consistent with and adapted 10 tile ,atu-
raj and physical conditions OF thls otate,
and the necessities of the people thereof,
and not renugnant TO or inconsistent with
tho Constitution of the United States, or
the Constitution or laws or established Gus
toms of the people Of this State, IS the RUE
of decision in all the Courts OF TINS state
The old section declared that the COM
mon law of England, so far as not con-
sistent with the United States Constitution
or the laws of this State, shall De the RUE
of decision in the Courts. The new mat
ter gives the Courts a chance to DO Wnat the
Courts of several other States nave dome
vary the common law rule so as to SUIT tile
conditions physical and otherwise OF the
State.
Another bill of one line repeats Section
100 of the Civil Code This section
winds up the chapter on water rights with
declaration that riparian rights shall not
be affected by the provisions OF the chapter
No one could ever see why such provision
was put in the Code, but with the other
legislation passed | do not care whether
this section stands or 1ails.
Next comes the constitutional amend
ment. Each one Of the bills named above
stands by itself and is independent of the
other, and each would, if passed, offer some
J relief, and it is so with the proposed amend
ment As many people interested 90 not
remember this provision OF the Consutu-
ton. ! would suggest that you PRINT 1t
with the proposed new matter pointed OUT
| CONSTITUTIONAL AMENDMENT.
| The following is the principal amend
| ment TO the Constitution. The WORDS and
lines in italic are the additions sought to
| be made to the section of the Constitution
as it now stands
Section l. The use Of all water now appropri-
ated, or that may hereafter be appropriated Ior
sale rental or distribution, Is hereby declared 10
| be public use, and subject to the reguIallQll
| and control of the state. in the manner 10 DC
| subscribed provided, that the rates OF compell-
| sation TO be collected by any person, company,
corporation or iIriGafiot district III this State for
the use of water supplied to any clty ana co!ll-
ty, city town or irrigation district or Ihe ~
| habitants thereof shall be fixed annually, by
| the BOARD of Supervisors, or city and county or
| city or town Council or other governing body OF
| such city and county or city, or town. on HTtgd-
| ton district by ordinance or otherwise, IN the
manner that other ordinances or legislative acts
| or resolutions are passed by Such body ana snail
| continue in force for one year and until new
rates are established, bUt in establishing SHch rates,
/ tho Board or other GOrcWiag bGdy By ,ctica uey are
cStdbIiS1cd shall tGle into consideration the cost o.
the construction and maintenance a the 'C0rEs Gy
lrlc Tie CGtr Is supplied, and the rGtes so esob-
tsicd sidH BE- such as tcN guarantee to TIC person,
| compaayor corporation 50 supplying 'rdter, net
return Of al last SCrcl per cant. per d1R upon me
| Of such lr0rts. Such ordinances or resolutions
| shall be passed in the month of February
| OF each year, and take effect on the
| first day OF July thereafter. Any Board or BODY
| failing to pass the necessary ordinances or reso-
luton fixing water rates, where necessary, Within
| such time shall be subject to peremptory pro
| cess. to compel action, at the suit OF any party
| interested and shall be liable 10 such further
| processes and penalties as the Legislature may
| prescribe Any person, company or corporation
| collecting water rates in any city and county,
city, town or irrigation district in this State, other
wise than as so established shall forfeit the fran
| chiSe of such person, company or corporation to
| the city and county, city, town, ~ irrigation
| the public use.