Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-11

| yeyed on the lines of the rivers Those of
! who have Travelled through that COUNT
| know that the lands naturally affected
/ the moisture from the rivers are narrow StriI
along the banks, and form but a small border
| the great body of the lands lying between I'll
rivers susceptible of cultivation. The early Sc
tiers of these lands were simply herdsmen an
| shepherds Dwellings and habitationS wei
| built for their accommodation, and wei
| from one to two days ride apart for a COW
| boy well mounted.
| The agriculturists generally settled on the III
| lands or high lands, and their attempts to farr
without irrigation proved failures. They the
began to divert the waters from the rivers. an
their success was immediate. The fertility ali
productireness of the soil was at once disco,
cred by the use of water. The riparian owner
or stockmen, along the rivers made no objection
because the crops of the farmers made u ne,
and better pasture for the herds and focks c
the riparian proprietorS The pioneer farme
found it very expensive 10 fence the lands. an
impossible 10 farm without. And then came tn
"no-fence' war between the herdSmen of tn
valleys and the agriculturists, or farmers. Tn
passage OF the no-fence law marked the begin
ming of an era of prosperity over all the State
from south of Stockton to san Diego. and is Al
example of what legislation can do in buildin
up or retarding the development of the resource
of State.
We have seen the condition of things in tn
Sap Joaquin valley. south of Stockton up to tn
time when the appropriations began TO lettiliz
the soil by the use of water; and will nov
SHOW tuc Tdplu ana increase III Int
number of acres cultivated in this section of III,
country since the effects of irrigation were seel
and understood, and since the farmers crop
have been under the protection of the no
fence law. On the Kern river, in 1867 les
than 900 acres were cultivated. In 1850 Their,
were about 40 900 acres under cultivation. II
1884 there were about 80, 90 acres under cuitiva
ton. The increase occurred in the face of con
tinued harassing litigation on the part of Tipa
rian owners against appropriations of the water
In addition to the annoyance and expense @
the litigation, it has prevented the investment
OF capital in the diversion and distribution o.
water, and in the Improvement of the lands o.
that county.
1t should be remembered that the lands now
under cultivation form but small part of the
arabic lands which may be irrigated bya proper
distribution of the waters of that river. The
average flow of the Kern river for the past five
years, during the irrigating season. and not
taking into account the extraordinary flood OF
1851 II the waters were properly saved and dis
tributed, without undue waste in the channels
have been more than sufficient to irrigate three
hundTed thousand acres OF land. at the rate OF
use per acre which is now found sufficient foI
irrigation on the older irrigated parts of Fresno
PLAIN.
Land in Kern county. with proper supply OF
water for irrigation purposes, Is worth at least
800 per acre, which would amount to so, 600 O0G
for the lands i'll that county which are suscepti-
bic of being irrigated by that one stream. Irri-
cation regions support. AZ low average, $50
people to The square mile. As there would be
about i6S square miles in this tract it would
support a population of 10000.
Kings river, again. is a good example of the
effect and advantage of irrigation In 1870
there were artitcially irrigated from Kings
river not more than 1000 acres. In 1880
there were about e. coo acres. In 1881 there were
about 1900 acres. The average flow of water
in Kings river during the irrgating season for
the past five years not taking into account the
extraordinary food of 1884, if the water were
properly saved and distributed, without undue
Ai..
to irrigate $4,000 acres of land, at the rate
which is now found sufficient in the older irri-
gated parts of the country. SO that it will be
seen that, by system of laws properly distrib-
uting the waters of this river, it is capable
almost Immediately. of supplying six times as
many acres as are now cultivated; and, at an
average value of 500 per acre, would give a
total value to those lands of So 900, 900, and
population of $4,000.
Take Los Angeles for another example of the
results of irrigation and its effects on the bust
ness and prosperity of the community where it
Is carried on. Lands which could not be sold
Tor 80 per acre. as soon as canals and irrigating
bitches were prepared for irrigating them. found
a reaI market at from sos TO 500 an acre in an
unin Soved condition, and there was nothing
in IN world to make the change i'll the value
exceIy the bitches and facilities for Obtaining
water. Improved lands found ready market
at prices as high as $50 per acre.
In 1879 some 5000 acres of land were under
and irrigated By the waters from
ldluTAI streams HnlCn Yielded only fpbt3 cubic
feet per second during the irrigating Season,
which gives an average of about 2C0 acres to
each cubic foot of water flowing per second
through the irrigating season.
Nv the water is under the municipal regula-
iC>( and is distributed in such way us to OBJ
,aih the best service from the supply. No man
s permitted to waste. Each takes as much as
S required, and no more. The increase in the
acreage cultivated since that time and the en-
of the values of real estate in that
section of country is well known.
Following on up to the first examples of Kern
md Fresno we find lands, which, before irriga-
ION was resOrted to, were regarded as desert
ands. inhabited only by reptiles, regarded as
carcely worth the Government price of a dollar
md a quarter per acre, are now worth all the
way from hundred TO two hundred and fifty
dollars per acre.
| think the reference to these localities quite
efficient to fully show and establish the effect
# irrigation, and that this wonderful increase
5 attributable solely and alone to the fact that
he waters were diverted from the natural chan
els and used for this purpose
This is the effect then OF the doctrine and Law
# appropriation for beneficial use.
The former condition of the country was not
ne TO riparian doctrine clone, but it is certain
hat under riparian law, which would REQUIRE
he waters OF the rivers to low in the natural
hannels, there could be no progress.
Now, let the gentlemen determine what the
Olicy OF this State ought 10 be. Here are the
acts, and here are the figures. We all know
hat the riparian doctrine means As an
ounced in the recent decision III this State
obody but riparian owner can touch the |
alter IN the streams. That IS to say, he cannot |
III them 10 any practical Use. And it will be |
lu2lly so with the riparian owner for while he |
ruggles to maintain this doctrine. he will soon |
ecOme the victim of the rule which he himself |
lvokes For is ii not plain from the description |
the country which have given, the rivers |
aving deep cut channels and high banks it |
i'll be impossible for farmer TO take the water !
1t on his own land unless nc owns for q long |
Staucp along the He yrot,ll 70.
} high up to get grade. and an Opportunity to
yert the water and conduct it to his land.
He cannot do this unless he resorts to the pro
siOns of Section Of this bill which is that /
r the purpose of diverting water for & public
Sc he may condemn the land necessary to that
Id Unless he can condemn the land Of his
aighbor he cannot use the water which he
mseif owns, and therefore he must resort to
e law of eminent domain.
Is it not plain that if the riparian owner is
alf as technical about his land as he Is about !
IS water, no man below him can ever take the
alter out and utilize it?
But there is another reason which prevents
EN- making any practical use of the water
lder the riparian law, that is because that
W requires the return of the water to its chan
Il, so that his netghbor shall receive il undi-
inished in quantity and unimpaired in quail
7. But how can that be done? 1t is impossi-
e, because the quantity is bound to be
miniohed and the quality will certainly be
perforated. Therefore under the very law
hich the riparianist invokes. he can make no
c of the water except to let it run by his home.
which we have had such a pathetic picture.
i the use he can make of it is to drive his cat
; dow the slippery banks TO water them He
n listen to its music and have the pleasure of
lowing that the unfortunate irTigatOr has to
nee to it. Then it is no use TO him except as
natter of speculation.
his bill Is not in the interest of these who |
'uid shut up these waters and confine them
their channels and lock up one Of our greatest
sources.
will hurry on. know I have trespasSed on !
e time of the Senate, but | have q few more !
marks to make and II few more points to call
ur attention TO. Several gentlemen have !
ked about compromise. Under the law as de I
'ibed how can there be any compromise? If {
2 riparian law is in force, why then the ripa- '
n owner is entitled to the full flow of the
ter, undiminished That is his right Can I
make compromise between individuals
n.y. we are to make laws for the whole state !
d We have no power 10 compromise. II the |
'ar:an doctrine is in force. their rights are I
)tccted If it is not i'll force. then il is the
~ of the Legislature to declare the policy of
: State and what use shall be made of these t
tiers I
There is another fact. If the Supreme Court L
ally decides that the riparian law never did @
isl in this state, then they have no rights 10 q
c, and they must stand on the doctrine OF APP i
,pratiOn and If they have failed TO appru- y
ate water, or apply il 70 some beneficial use. Il
N the sluggard cannot come in and take c
81 10. L..