Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-29
THE WATER QUESTION.
Discussion of Riparian Rights and Irri-
CATION Problems.

I CATION Problems.
| A meeting of the Joint committee of the
Senate and Assembly on Irrigation was
held in the Senate Chamber last eyenlns
for the purpose of general discussion o.
matters relating to the problem of irriga
ton. Senator TAYLOR and Assemblyman
Walrath presided. Among those present
as listeners were Messrs. Cunningham and
Dow, correspondents of the Melbourne
Arq1,s and Leader, Solicitor Deakin
and civil engineer Derry, of Australia who
are making observations in this country OF
the several systems of irrigation in vogue.
At the suggestion of Senator Beddy, an
| invitation was extended to those interested
| in riparian rights TO open the discussion:
Mr. Hineman, as a representative OF that
| element. took the floor. He said the lrr1-
gationists had started out on the wrong
proposition. The advocates OF riparian
rights held that the water privileges arenot
the property of the State, but OF private
individuals Originally the State owned
the lands, and the water upon them. After
awhile immigrants came and bought these
lands, and when they bought them
they bought the water on them,
and the trees, ana the stones
all that belonged TO the
land, in fact They claim the ownership
of all they bought. Now the irrigators
come in and declare that the States title to
the water has never passed from it. He
proceeded at length to combat this latter
theory. Moreover. there is not enough
water in the natural channels to go around !;
and if these appropriations want more
water they should, he held, make some
provision for storing the rainfall to the end
that it may be impartiaily distributed. He
thought it unwise to amend the Constitu-
ton so as to permit the kind of special
legislation asked for by the irrigators. The
United States statutes, he held, protect
the riparian proprietors in the rights they
have acquired, and even though the legis-
lation asked for should be carried, the Fed
eral Courts would, as they have always
done. protect the riparian owners.
Senator SAKE, in behalf of the ir1igators,
said he thought the Legislature ought to be
above suspicion OF doing wrong to any class
of citizens. The right to use water has
been the custom among the people in the
absence of legislation on the subject The
question is as to the justice and proprietv
of the people using the surplus waters
stored annually Oh the Sierra by the Gre
ator. These waters should be Used to
make arabic the millions of acres of land
that now barely support colonies of horned
toads and iack-rabbts. If the waters were
used for general irrigation these millions of
acres might be brought under cultivation
and made inviting TO immigrants.
Senator Cox said that, much is he dis
liked the position in which he was placed,
he must face the music. He Acknowledged
that he was Il riparian owner. in 1863 he
went into San Luis Obispo county, where
he and others purchased large tract of
land, ON which they placed their cattle.
There was then plenty of water on their
land, and they expended some 100000 in
bitches and weirs for the purpose of hold
ing and distributing this water After they
had gone to this expense, all at once they
found themselves wholly without water.
The reason was that other parties had
damned the river above them and taken
out all the water and carried it Oft to irri-
gate waste lands. IL 1877 himself and
partner lost 5000 head Of cattle, and Miller
Il Lux some 10000, because of drought.
For years past they have been obliged to
resort to pumping in order to procure water
for their stock.
Mr.. Parker, of Kern, being called upon,
made an argument on behalf Of the ripa-
rian owners. A dozen citizens met yester-
day in Kern county, and for the first time
read the bill presented by Assemblyman
Weaver Many of the features they did
not like. They We're afraid that some
hasty legislation might be enacted that
would entail twenty years of litigation.
They thought action in the matter should
be DELAYED until the next session. and that
in the meantime an investigation should
be made by a Commission. He owned
lands on the bank of Kern river for
two or three miles, and yet was pleased
with the results thus far of irrigation.
Still. he would not want laws passed that
would enable parties to go in and scatter the
waters of Kern river far and wide, as then
many who now have good property would
be ruined. Mr. Parker then went on to
explain the objections which the small
owners in Kern county entertain to the
bills now before the Legislature.
Mr.. Houghton, one of the attorneys for
Miller Il Lux, and who has conducted
many of that firms suits in the Courts,
then made an argument on behalf of the
riparian owners. He gave a detailed his
tory of the litigation that has grown ont of
irrigation projects in Kern county, and up
held the interests of his clients He said
that they have for years been obliged to
pump water for their live stock on lands
that were, when purchased, clasSed as
swamp and overtlOwed lands. He then
discussed at length the several irrigation
bills from the riparian owners standpoint,
and attacked such provisions as he thought
were calculated to do injustice othose who
had. by purchase, acquired certain rights.
He asserted that the claims already laid
upon the waters of Kern river by irrigation
lists cover more than four times the guam
tity of water that can possibly run in the
river.
In response to some queries on the part
of the speaker, State Engineer Hall made
some explanation-in effect that in his
draft of the bill there was no intention or
desire to strengthen the claims Of the appro-
priators. His idea has been, and is, that
the question Of riparian ownership should
cut no figure in its provisions.
Mr. Houghton claimed that the bill was
far-reaching and went beyond the limit
claimed for it by Mr.. Hall. He believed it
should be considered by lawyers. and
thought it should be scrutinized by the
Judiciary Committee.
In answer to aqucstion by Senator Rcddy,
Mr. Houghton said it was his deliberate
opinion that, as a lawyer. the bill did pro-
coed agains riparian owners.
Mr.. Hall explained his position in CON
necti0n with the matter under discussion.
II " IL ~ III rive III All inc ltCtS III tllc case.
If the Weaver bill went beyond the objects
and purposes explained in the title, per
haps it should be amended.
George y. Cornwell OF Napa. said that
the bills now before the Legislature We're
revolutionary in their character and should
not be passed upon hastily. If adopted,
more than twenty years of litigation would
be entailed. He hoped the subject would
be thoroughly investigated and dcliber-
ately considered.
At 1920 the meeting adjourned until this
evening, when x-Attorney-General Hart
and others viii be heard.
What the Farmers Doing.
Supervisor G. c. McMullen, of Brighton,
was in the city yesterday He says the
farmers, orchardists and vineyardists in
that ncighborhood are busily engaged in