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

ar "r reru iad ,'' Boards Of Water Com
missioners and Overseers in the. several
townships or counties of this State
are continued in force, notwithstanding
She provisions of this Code" So, when we come
to look for the water rights of our citizens we do
not go to the Codes, but to those ACTS winch
were in force at that time. Those Acts Will be
found in n reconciliation contained in the re-
port of the Surveyor-(ieneral to the twenty fifth
session of the Legislature, page q
The first law which was passed and which
is now in force, was passed May Is, 1854. have
that law now before me, and will read it:
Section l. There shall be in each township of
the counties of San Diego San Bernardino,
Santa Barbara, NGpa, Los Angeles, Solano, Con
ira Costa, Colusa, and Tulare, Board of Com
missioners to regulate water courses, to consist
OF three members, and also 0yerSeer, to be
elected as hereinafter provided
Section ,. Upon petition OF majority Of the
voters OF any township in said counties, the
County Judge shall thereupOn order an election
of which ten days notice shall be given by at
least three notices posted up at the most public
places III such townships, for the election OF
three Commissioners and an OYerSecr, who shall
hold their Offices forone year. The County Judge
shall for the purpose of holding said election,
appoint one Inspector and two Commissioners
whose duty II shall be to see that said elections
are conducted i'll accordance with the laws Tegu-
iatinS elections, sum up the votes and declare
the result
Section j. The duties of the Court shall be to
examine and direct such water courses and ap-
portion The water thereof among the inhabi
tantS of their district determine the time of
lty OF the persons liable 10 work upon bitches.
lay out and construct bitches, as set forth i'll
such petitions.
to execute the orders of the Commission
ers, to attend to and see that the water
Is used rs apportioned by said Com
missioners. 10 superintend the works ordered by
them 10 see that the water is kept clear of filth
of every description, and the bitches are kept in
good repair.
Section J. Each able-bodied male inhabitant
IN every township, over the age of l6 and under
80, shall, when required by the OyerSeer, upon
not less Lhan three days verbal notice, or by
notice III writing, left ut their residence per
FORM or cause to be performed. any number of
days work, not exceeding twelve i'll any one
year; provided, that no person. shall be COM
PEELED TO work more than Two successive days at
any one time, and III no case shall any person or
persons be compelled to work or expeud money,
on any ditch or bitches who does not Use the
water thereof
Section g. In case any person, after being duly
notified, as required in the preceding section
shall fail TO do, or cause to be done, the amount
OF worE required, he shall be liable 10 pay the
sum OF !" per day for every day that he shall
fail to work, recoverable at the suit OF the over
seer, before any competent tribunal, to be by
nm applied TO the construction Of bitches with
in his township.
section :. In case a water-course should run
through two or more townships, and the Com
InlsSIoncrs should not be able to agree 10 the
amount of water to be used by each township,
the County Judge, upon the application of the
Commissioners, shall determine the difficulty.
section $. The Commissioners shall allow the
pVeTSeer reasonable compensation, and for that
purpose they are hereby authorized to levy u tax
within their townships on persons benefited in
proportion to the amount OF water used by each |
Section 9. Where water rises on land owned |
by any person, it shall not be subject to the pro-
visions of this Act but in all cases, after it has
passed beyond the limits of said lands It NAV |
be used as provided in this Act.
section 10. In all cases the Commissioners |
shal. have the right of way to cut bitches |
through their townships
Then follow other sections numbering sixteen |
altogether, providing for the proper carrying |
out OF the law. Now, this Act, it will be no |
iced, applied 10 only limited number OF the |
counties ot the State. Subsequently other en- |
actmentS covered other counties Turning to |
page y OF the same report-yolJme l, Journals
OF senate and ASsembly-We find Fresno coun-
~ and that seems to be the county upon which |
this pres d demand IS based. April . ls66-
Statutes Of lS' '-66, pages 71-S-the Act ap-
proved. That Act creates Board of |
Water Commissioners for Fresno county |
and authorizes them to establish irriga-
lion j!, districts appoint oYeTTseers, lay OUT
bitches and dc.crmine the quantity ct
water to " used and sc that it is properly
used 20 prevent waste, and that the bitches are
kept in good repair. That Act repeats all Acts
OF a. general character, far rs they affect |
Fresno county. Then, again, March -, 1870 |
there was another Act, ana also March %, ISIS |
~ referring to Fresno county, creating special
districts. etc Now l claim that We have
mere almost an exact counterpart of the
district plan which it IS proposed by this
scheme of the Fresno Convention or !
Fresno Irrigation Committee, with the excep-
ton that in the new law which has been pre-
senteG by that committee there are sub-distrIcts
and q few minor changes in their management
but the general plan Is the same. Now, say.
That the law as 1t stands to-day is entirely suf-
Ecent 10 give these persons who desire relief all
the relief they can receive under the proposed
law without repeating Section 1922 of the Civil
code. But there is the stumbling block Sec
ton 1922 stands in the way and prevents them
nom taking all OF the water that runs in the
stream Ihey can now, by the laws in existence
which have just read, take all the water there
Is IN the stream except what the riparian |
owners need for their own use which amount |
: now preserved by the Code: and this bill No |
no, SIMPLY proposes TO strike out Section - so
mat the IrTlgauOnlStS may take every particle J
OF the water and leave none whatever for the Z
rparlaulStS. ! say That the bill attempts 10 do
something which Is wrong. Il seems to me it is
SIMPLY an lnequity on the people to compc! ! .
them 10 give up the last particle of right which Z
me riparian owner has III the water flowing by ;
his door and give il to men who have no right ! !
10 take it. This. say. Is a wrong. and tor that
!.AsOn oppose any further consideration of the
bill, II possible.
7+GEcH OF SENATOR SPENCER, OF sTASIsIAUs I
Mr.. Spencer had not intended to take no
IN" time of the Senate on this matter But n I
portion of the district which have the honor of !
representing on this floor has been alluded 10 a |
think, in an unnecessary manner ! want Al I
ne outset, 10 call the attention of this Senate TO
ms fact. hat the question now before YOU i
simply Is whether you VIII take up an irriga- I
lou olli out ol order Now. sir. rs Senators We a
have taken up bills on almost every other con q
CeiNabc subject. out OF their order. We nave Q
mad bills from the other house rushed in here n
and placed gpOn our file without having been 4
referred 70 any committee of this body. And | Il
senators you vent even farther than that You o
,""G those bills up out of order and made them q
- clal cases for the immediate attention of j
ourselves Is not this the fact? Why. sirs o
were iao>c bills OF greater Importance 10 the q
r"ppc %; california than the subject OF irriga- a
lI every instance, with one exception. where a
urge sums were involved, where it was pro =