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

disastrous experiences which we should
have the good to appreciate and avoid.
1t is necessary for the continued prosper
ity of California that the largest possible
measure of liberty consistent with the pub
lie interests and private rights, be accorded
for the requirement of right to use water In
irrigation. The State might, to the great
advantage of all her people, following the ex-
ample of Spain, France and Italy, directly
encourage irrigation enterprise. But there
is much else TO do first.
There must be proper ascertainment
and recordation of existing rights to water
There must be provision for the annual
correction and posting of such records.
There must be provision for the issuance
of water rights in the future: upon some
other plan than that now existing.
There must be provision for the admins
tration of rights on each stream, as 1ney
exist from time to time, without everlasting
appeal to force or stratagem or the Courts,
as is now the case.
There must be provision for the forma-
| ton of irrigation communities or districts,
such that these may have the power to reg
ulate their affairs and acquire by the right
of eminent ain-condemnation, assess
ment and payment by process of law-the
rights of private parties which are neces-
l
| each case.
There must be provision for an annual
accounting of all waters used in irrigation
| from public streams to be published and
| to serve as basis of future prevention OF
waste.
And, lastly, there must be provision
through some executive organization, for
| the protection of the streams themselves,
| and the interests of the public, from the
| unregulated but perfectly natural and
praiseworthy enterprise, of water appropri-
ators.
CONCLUDING REMARKS.
In saying these things must be, mean
| that the best interests of all parties con-
cerned demand them and experience in
other countries proves the fact of the neceS-
| sity for them. 1t matters not how the ripa-
rian rights question is settled; the above
measures are necessary, and, in my ludg-
| ment, were they in existence great step
| forward would be had towards the settle
| ment of that question also.
In establishing proper system for the
| regulation and promotion of irrigation, II
Will not be necessary to maintain big
State establishment and cover the State
over with officials exercising surveillance
of water appropriations nor will it be
necessary to call on the State for any pecu-
MARY aid to irrigation enterprise. But ii
will be necessary to exercise patience, and
take time in perfecting the laws, and to
provide for the continued publication OF
| the results of their working in detail, so as
to afford data for their correction, from
time to time. and for their administration
bv the district organizations. Nor will it
be necessary to form irrigation districts ex-
cept where a majority of the people owning
a majority of the land demand such forma-
| ton.
TINE WILL BE REQUIRED.
This subject cannot be fully legislated
upon in any one session of Legislature
and it will not be exhausted in the next
| ten sessions. France Italy and Spain have
| been struggling with it for many years, and
| only quite recently have they apparently
got towards settlement of difficulties.
| fail to see how any difference there may be
| in our form of government or social or
ganization, from those of these European
States, can exempt us from the necessity
| for the same care and thoroughness in the
establishment of system that they have
been guided by. The personal freedom
| guaranteed citizens of our States is not that
kind of freedom which allows any citizen
to do as he chooses with public property,
and interfere with the private rights of
others, any more than the enterprise which
our institutions stimulates and fosters is
that kind of enterprise which is going to sit
still and allow the waters of our streams to
waste because some riparian proprietor
asserts his right to have them do SO.
1t is for the people of the State at large
to see these points, and, through patient
and thorough legislative work, provide that
system of laws on the basis of which alone
our agricultural interests can be fully de-
yeloped.
PROMPT LEGISLATION NECESSARY.
Legislation should be shaped for the best
interest of the State, upon study of the
whole subject If the State is to wait until
quarrels over private rights are settled, be-
fore establishing some system under which
this interest may develop and be guided,
the time will never come for legislation.
Conflicts of many sorts and shades will
| multiply far faster than they can be decid-
ed There can be but one outcome of this
development, namely, disaster to the peo-
pie at large and the State.
One would suppose that California had
had in her debris experience a sufficient
lesson on the do-nothinG policy with re-
spect 10 streams and water. Had there
been a proper water-rights system in the
State, the hydraulic mining troubles would
never have developed. Capital would never
have gone into mining i'll the shape it did,
and then been obliged to fight for its exist
ence. The same policy of letting people do
rs they choose in irrigation matters, until
they get into a lawsuit, will bring parallel
result-disaster