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

physical cOnQltlO0 ana necessities OF the people
of this State, and the laws thereof concerning
the appropriation of water for purposes of irriga-
ton, and to that extent form no part of such
laws, and the use of water for said purposes OF
irrigation is a public use.
section ,. Section l423. Any person who
deems himself damnified by the exercise of the
right of appropriation of water, may bring suit
to recover damages for the injury sustained.
Sec ion l. Section 1924. ANY person contem-
plating the appropriation of water for irrigation
purposes, may acquire, in advance. or at any
other time, property necessary or proper for such
appropriation, and for the full and complete
execution and enjoyment of such appropriation
by proceedings under Title VII. of Part III, OF
the Code OF Civil Procedure of this State, entitled
" Eminent Domain
Section ). Section 1925. All existing rights OF
appropriations are hereby confirmed
Section s. All Acts and parts of Acts in con-
fict with this Act are hereby repealed
Section :. This Act shall take effect immedi-
ately.
Viewers proposed amendment to Article
NV. of the Constitution, relative 10 the
sale, rental and distribution Of water, was
next read.
On motion of Dewitt, the same was
adopted, and reported back to the House.
with a recommendation that it do pass. Ii
reads as follows:
its twenty-siXth session, commencing on the
first Monday after the LIST day of January, 1885.
twothirdS of all the members elected to each OF
the two houses of said Legislature voting in
favor thereof, hereby proposes that Article XIV,
Section /, of the Constitution of the State OF
California, be amended so as to read as follows
Section !. The use of all water now appro-
priated, or that may hereafter be appropriated,
Tor sale, rental, or distribution. is hereby de
clared to be a public use, and subject to the
regulation and control of the State in the man
ner to be prescribed provided, that the rates or
compensation 10 be collected by any person,
pOrnOTatiDO IRRIGATION district in
this State, for the use of water supplied to any
city and county, or city, town, or irrigation dis
trict or the inhabitants there 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. or irrigation district,
by ordinance or otherwise, in the man
ner that other ordinances or legislative
Acts or resolutions are passed by such
body. ana shall continue in force Tor one year,
and until new rates are establishes but III es-
tablishing such rates, the Board, or other gov
erning body by which they are established,
shall take into consideration the cost of con-
struction and maintenance of the works by
which the water is supplied, and the rates so
established shall be such as viii guarantee 10
the person, company or corporation so supply
ing water. net return of mt least per cent. per
annum upon the amount invested i'll the con-
StructiOn and maintenance Of such works. 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 me necessary ordinances
or resolutions. fixing water rates, where neces-
sary within sucb time. shall be subject to pc
TemptOry process. To compel action at the suit
Of any party Interested, and shall be liable to
such further processes and penalties as the
Legislature may prescribe. Any person, COM
pany, or corporation. collecting water rates in
any city and county. city. town, or irrigation
disIric. in this State. otherwise than as 50 csUab-
liShed shall forfeit the franchise of such person,
COMPANY or corporation 10 the city and county,
ore or jTriu1tipQ district from which
the same are collected, for the public use.
The Senate Committee on Irrigation met
in room y at 5 P. NJ. and went imme-
diately into executive session. Whitney s
Senate Bill No. 30 was taken up. discussed
and its passage recommended. II is iden-
teal with Edwards Assembly Bill No. rs.
Ii is quite lengthy bill. Some of its pro-
visions are. that all the waters OF the State
are common property and Tor ever inalicn-
able Water rising upon lands in private
ownership is the property Of the owner of
such lands until allowed to escape by
natural flow beyond such lands, when
ii becomes common property. Water
developed IN tunnels or wells must
be treated in similar manner.
Water falling in rain or snow may be re-
tanned thereon By dams. 1t describes how
water can be diverted from running streams
lOf IITlSdtlIlS piii posts. No pciSOH llttS Il
right to a wasteful use OF water, either
i'll lis carriage or application to the soil. 1t
is unlawful TO carry to lands any water in
excess of the necessary requirements Of the
lands under cultivation. Any person max
ing such unlawful diversion shall be liable
for all resulting damages at the suit Of any
person injured. The common waters Of
the State shall be subject to distribution for
use and consumption in the following order
Of priority:
First-To municipal corporations, for the
purpose of supplying cities and towns with
pure water for domestic, sanitary, NUM-
cipal and urban purposes.
Sccond-TO private corporations, formed
to meet an actual want for the same pur-
poses.
Third-To works constructed and owned
by irrigating districts for the common irri-
cation of all the lands susceptible of irriga-
ton within the district, and to works con-
structcd and owned by private persons and
corporations for the purpose, in whole or
in part, OF distributing and supplying water
for irrigatipg the lands Of others.
This does not affect the use Of water for
mills and other mechanical purposes, when
use can bd made without Material diminu-
ton or delilemcnt Neither does it apply
to mining bitches but no such bitches
shall hereafter be constructed which shall
diminish the volume Of water required for
actual use in the irrigation of agricultural
lands in the arid portions of the State.