Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-30
IRRITATION Matters.

The Joint Committee on Irrigation and
Water Rights met in the Senate Chamber
at 7:3O P. NJ. Yesterday The meeting was
called to order by the Chairman OF the
Senate Committee, Clay W. Taylor, who
stated its objects, and said the committee
was ready to listen to any remarks from
parties interested.
State Engineer Hall was the first speaker
He said that Assembly Bill No. 10 and
Senate Bill No. 81 had been laid at his door
and he did not deny being their originator;
He recommended several changes, ana
thought the bills should become laws. The
country was in need OF such leglSiatlon;
General Hart, the next speaker, SAID he
would. as basis of his remarks, say that
the riparian proprietor owned the stream
that runs through his land as much as he
does the trees that grow on his soil. The
owner of the land along the stream owns
the stream itself 1t is not the ownership
of water itself, but the maintenance OF the
stream as created by nature. lie SAID II
was property, and cannot be ruthlessiy
taken from the riparian owners. lie re-
ferred 10 the twentySeventh CalIornla,
page 4S2, to the case of Hill VS.; Smith,
decision which he said was to the point,
and decided in favor Of the riparian own
ers He read at length from that decision,
which was written by Chief Justice San
derson. He then read from Washburn on
Real Property, second volume, page 22O, to
show that It was always an established
right that the owner of the soil was the
owner of the streams running through the
same. The State, he said, would be wrong
in doing, and they should not destroy the
streams and rivers of the State.
The Sacramento river was formed by
small streams, and if the powers could
be obtained. asked in the bill, the waters
could be appropriated, the quantity dimin-
ished, SO that navigation between San
Francisco and Sacramento would be III
practicable. He said, allow nature to have
its way. Let her have her course. Private
property cannot be condemned for private
use The streams should be allowed to
roll on tothe sea undisturbed We have the
most magnificent scenery in the world, a
production unexampled and we should
not interfere with them. His argument
was lengthy, exhaustive, full of quotations
from authorities, and listened to attcntlvely.
He reviewed the several bills introduced
for the diversion of the waters of streams
from their natural channels, and insisted
that none of them should become laws.
He asked that the committee act with care
and deliberation. Give us Il law that will
condemn and limit. He handed the Chair
man Il list of authorities sustaining his
arguments.
P. D. Wigginton followed General Hart,
and asked the latter several questions rela
tive to what were the vested rights so far as
the waters of running streams was con-
cerned, etc He held that non-navigable
streams, the waters of which could be di-
vcrted to irrigate 100000 acres of land |
should be so diverted. The greatest public |
good demands that the Legislature should
pass law allowing the waters of small
streams throughout the State to be diverted
for irrigating purposes.
L. NJ. Foulke, Of Siskiyou, said there
were over 100000 acres of arid land in his |
county that could be made fertile by irri- !
CATION. Counseled the committee not 10 |
pass the bills hastily, but to be careful not |
to do too much. Sweep all the bills into the |
waste-baslet, and give US something short, |
simple, and that will not lead us into in
terminable litigation.
Assemblyman De Witt spoke at some |
length, advocating the policy of taking the |
water from the streams i'll Kern and Tu-
lare for irrigating purposes. If the farmers |
are not permitted to divert the water i'll the |
streams for irrigating purposes, then nine
tenths of thepopulation in Tuiare county |
would have to abandon their homes and |
emigrate.
Ex-Assemblyman J. F. Wharton said the
Supreme Court had decided that the irri- !
gator should not divert a single drop of
water from running stream. There never /
was time when hasty legislation was so |
much needed as now Delay for two years |
means ruin, devastation, the destruction of
thousands of happy homes. The whole |
people of the southern section of the State |
are looking to this Legislature 10 pass law |
that will protect them.