Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-22
The people of the State of California, repre-
sented in Senate and Assembly do enact rs fol-

The people of the State of California, repre-,
sented in Senate and Assembly, do enact rs fol-
lows:
Section l. The water OF every natural innav-
igable stream within the State of California is
hereby declared to be the property OF the pub
lie, and is dedicated to the use of the people of
the State, subject to appropriation. diversion
and use TOR irrigation or other beneficial pur-
poses; and the right TO divert unappropriated
waters of any natural innavigable stream to
such beneficial uses shall never be denied. Prior
appropriation. whether heretofore or hereafter
made, TO any such use, shall have the better
right and the right of appropriation shall be
exercised under legislative regulations The
English common law of riparian rights, so far
it conflicts with this Act, shall not be recog-
niZed as a rule of decision in any Courts of this
State
Section >. All Acts or parts of Acts which con-
fict in any way with the provisions of this Act
are hereby repealed.
Section 5. This Act shall take effect from and
after It's passage.
CONSTITUTIONAL AMENDMENTS
By Yule-An Act to propose to the people of
the State an amendment to the Constitution of
the State of California, relative to water and
water rights.
The Legislature of the State Of California. at
its session. commencing on the 10Th day of July,
1886. two-thirds of all the members elected TO
each of the two Houses of the said Legislature
voting in favor thereof, hereby proposes that
Article XIV. of the Constitution of the State of
California be amended by adding the following
new section at The end thereof
Section ). The water of every natural innayi
gable stream, within the State of California. is
the property of the public, ard is dedicated to
the use of the people of the State subject TO
appropriation, diversion and use for irrigation
and other beneficial purposes; and the right TO
divert unappropriated waters of any natural in
navigable stream to such beneficial uses shall
never be denied. Prior appropriations to any
such use, whether heretofore or hereafter made,
shall give the better right. and the right of ap-
preparation shall be exercised under legislative
regulations. The English common law of ripar-
ian rights so far 1t rhicts with this section,
shall not be recognl zed as rule of decision in
any of the Courts of this State.
By French-An Act to propose to the people
of the State an amendment to the Constitution
of the State of California relative to water and
water rights.
The Legislature of the State of California, at
its session commencing on the 10Th day of July,
1856, two-thirds of all the members elected to
each of the two houses of the said Legislature
voting in favor thereof, hereby propose that Sec
ton of Article XIV. of the Constitution of the
State of California be amended so as to read as
follows:
Section l. The use of all water now appro
priated, or that may hereafter be appropriated
for irrigation, sale, rental or distribution. is
hereby declared to be public use, and subject
10 the regulation and control of the State, in n
manner to be prescribed by law provided that
the rates of compensation TO be collected by any
person, company, corporation or irrigation dis
trict in this State for the use of water supplied
to any county, or city and county, or city or
town or irrigation district or the inhabitants
thereof shall be fixed every three years by the
Supervisors, or city and county, or city or town
Council or other governing body of such county
or city and county, or city or town or irrigation
district. and shall continue i'll force for three
years and until new rates are established; but
! in establishing Sucn rates they shall take into
consideration the cost of construction and
maintenance of the works b. which the water
| is supplied and the rates so established shall
| be such as will yield TO the person, company or
prr IN
not less than per cent. and not more than s per
| cent per aunum upon the amount invested in
| the construction and maintenance of such
work. such rates shall be fixed in the month
| of February, and take effect on the LIST day OF
| July thereafter Any Board or body failing to
| fix the water rates where necessary, within such
| time, shall be subject to peremptory process to
compel action at the suit of any party inter
ested and shall be liable to such further pro-
cess and penalties as the Legislature may pre-
| scribe. Any person, company or corporation
collecting water rates in excess of those so es-
tablished shall forfeit the franchise of such per
| son, company or corporation to the county, or
| city and coAnty or city, or town or irrigation
district from which the same are collected Tor
the public use.
Davis of Sacramento introduced an amend
| ment to Article VI. of the Constitution. 1t
amends Section by constituting the supreme
Court, Chief Justice ami four Associates. and
omits all of the present Constitution with refer
ence to departments.
Amends Section by fixing the term at II
Years ana To DeSlu ufSt hbuud1 uilti tiIS
first day of January next succeeding their
election the four Associate Justices first elected
to draw lots, and two go out of office in six
years.
Amends Section by giving the Supreme
Court original jurisdiction where the constitu
tionaity OF Il staIute is the question involved,
and requires concurrence OF all the justices to
pronounce statute unconstitutional.
Amends Section II by providing that the sala-
ries of Supreme Justices and Superior Judges
shall be paid by the State. and fixes the salary
of Supreme Justices at $4,000 each tho Sc
of Superior Judges at $500 each except
San francisco, Alameda, Los Angeles, Santa
Clara, San joaquin, Sacramento and Butte.
which are placed at SC 600, and Yuba and Suffer
combined. Nevada and Sonoma, which are
placed at 5000.
Adds new section, numbered o. which trans
fers to the new Court, when it takes Office, all
cases pending but not determined by the old
Court, and further provides, that any case in
which the question was the corstitutionality of
| any statute enacted since the adoption of the
new Constitution, which has been decided adj
versely by less than all the members of the old
| Supreme Court, may, within six months after
the new Court take Office, be brought before it
| for rehearing and determination.
| At P. NJ. the House adjourned.