Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-26
IRRIGATION MATTERS.
THE LEGISLATION DESIRED UPON
THE SUBJECT.
The Methods Contemplated for De-
termining Water Rights and
Controlling their Exercise.


of greater importance than that OF deter
mining and adjusting existing claims and
rights for use of water for irrigation PJIr-
noses throughout the State, and none that
will require more legislative wisdom and
sagacitv to satisfy the conflicting views as
to what is needed and what is right, and to
establish system which shall be founded
upon equity and result in the greatest
prosperity to the State. Five bills have
been introduced into the Legislature upon
the subject. These were prepared by the
committee appointed by the Conventions
held Iuon the subject during the past sea-
son. w. S. Green, editor of the Colusa
Sun. being a member of the committee, and
in the city in connection with the proposed
legislation, was interviewed yesterday and
gave the following statement which gives
comprehensive idea of the present status of
the subject He said:
STATEMENT OF W. s. GREEN.
There was Convention held at River
side last spring, to which all the irrigators
throughout the State were invited, and
which was very generally attended. Among
other things that Convention appointed
Committee on Legislation and adjourned
to meet at Fresno City, December 5,
1874. At the Fresno Convention
there were some $50 to 800 delegates, repre-
senting every possible shade of the irriga-
ton or Nater-right problem. The COM
mittee already appointed at Riverside was
raised to Is, and this committee went to
work formulating certain principles to be
embodied into laws. 1t was in session four
days before reporting, extending its session
to II and l o clock each night The con-
tiicting interests were so harmoniZed and
compromised as to permit Il unanimous re-
port; and so well did the Convention re-
ceive the report that it was adopted unani-
mously amid a tumult Of cheering. Each
one felt that the conflicting interests which
prevented legislation in the past had been so
harmoniZed that the measures to be pre-
scented to the Legislature were sure to be en-
acted into laws.
The committee of eighteen was con-
tinued, and it appointed as an Executive
Committee MesSrs. J. DeBarth Shorb, of
Los Angeles J. f. Wharton, II. $. Dixon
and L. II. Jackson, of Fresno; D. X. Zum-
walt and L. B. Ruggles, of Tulare; Richard
Hudnut, of Kern; l.. NJ. Holt, of san Der
nardino, and w. S. Green, of Colusa. one
of the principal duties OF the committee
was 10 prepare bills and have the same
presented 10 the Legislature. Messrs
Dixon and Wharton were appointed TO
prepare bills for consideration, and the
committee adjourned for one week. At
that meeting The bill bv the sub-commit-
tee and one by myself, We're considered
and after a prouacted session of several
days II was printed and sent to the princi-
pal irrigators for criticism, and the COM
mittee adjourned, to meet i'll Sacramento
January lst The bills were then taken up
and rem0delei and again printed. They
were then subjected TO the inspection
of the ablest lawyers that could be found
III San Francisco, FOR constitutional objec-
tons, and again remodeled, printed and
submitted to the principal irrigators. In
every phase of the preparation of the bills
the principles set forth at the Fresno Con-
vention were carefully kept in view.
THE COMMITTEE REPRESENTS 5000. 600
Or more, invested already in irrigation
works, and in lands orchards, vineyards,
ana other improvements, dependent entire
ly on irrigation. Every member of the
committee, except myself, represents, and
is III constant correspondence with those
interested in some phase Of the irrigation
problem, and if the bills pass, the present
year will see the inauguration of an enter
prise to water 400 square miles Of land III
the Sacramento valley. The committee
cannot, of course, claim that its work is
perfect, and, as you will see, it has provided
Tor a thorough system Of accounting for all
the water taken out of any stream, which
will be valuable information on which to
base future legislation. ! feel, however,
that the committee can claim it has had
better opportunities for knowing the wants
of the people in this behalf, and has be,
slowed more labor on the Wori; than any
other number OF men that have come to-
gether Tor this purposei III California, having
devoted at least Il months continuous time
TO il, as a committee, all the members of
which have resided for many years in sec
tons OF the State entirely dependent upon
irrigation. being practical irrigators them
selves, while | myself have devoted thirty
years of study to the subject.
There are Two bills OF some length in the
batch. enc Of them IS for the adjudication
OF water rights-such Us is recommended
by the State Engineer. The present law
provides for the recording OF claims and of
notice Of intended diversion OF the water
while the right 10 the water depends en-
urely on the fact of appropriation and
actual Use. On some streams there Is a
hundrcd-fold more water claimed in this
way than there i in the stream. bGt there
is no record evidence of any appropriation
whatever All acknowledge the necessity
for some such record, and il must now be
made matter of proof in the Courts, where
other interested parties may have hear
ing. This bill! simply provides recording
TOR this purpose.
al parties having claims must file them
within one year; the State Engineer must
then group these claims, putting together
all that can conflict and the Attorney
General must then commence suit against
all these claimants ayerriug that the claim
is WithoU. foundation in law, and requiring
each one 10 take the affirmative and show
the nature and eNtcat of his rights. These
rights, when adiudicatcd. become 4 matter
of record.
WATEE AND IRRIGATION DISTRICTS.
The most important bill, perhaps, and
the one on which the greatest amount of
work was bestowed, Is the one providing
for the formation and control of water
and irrigation districts. The water district
is only necessary when there are two or
lnore appropriations from tie same source.
and must include all the land that may be
irrigated from that source. Three Commits
sioutTs are 10 be elected and are to have
general control over the water of the
stream and divisions therefr0n to see TO
the proper distribution of all water used
by Irrigation districts, corporations or per
sons, and power OF the Trustees TO levy a
tax II also provides for record of
future appropriations; prevents ;Ac waste
ful isl OF water; requires all users Of
water 20 make an annual accounting OF the
amount Of water diverted and the number
of acres OF land irrigated thereby
The irrigation district is formed by
petition TO the Board of Supervisors, in
which the greater portion of the land is sit
Uatcl but, As a protection TO property
owners, the written consent of the owners
OF a majority in value % the land Of the
district is necessary. The Trustees of the
district have all the powers necessary 10
construct canals or other works for irrigI-
ton, or TO purchase those already con-
strucJed. 10 care for all the properly of the
district and distribute the water 10 land
owners They are authorized to levy taxes
and when authorized 10y the consent of the
landowners to issue bonds Of the district.
And by the way, ! see thar san Francisco
paper of this morning doubts the consdt-
utionality of such levy.
Ii this be unconstitutional then some
halt-dozen very fine lawyers are mistaken
as their attention was called directly 10
this provision
You Will see that the committee in its
work recognizes the recent decision of the
supreme Court. III the case of Miller Il Lux
vs.. Haggin Il Carr, Is the law Of the land
as il gives 10 the Trustees OF an irrigation
district tho RIGHT TO exercise III behalf of