Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-27
ASSEMBLY,
MONDAY. July %. 1856

the journal. IOSt.
Adjourned till Tuesday at II A. NJ.
ASSEMBLY.
MONDAY, July %, 1856
The Assembly was called TO order at P. NJ,
Speaker Parks in the chair. Roll called. Quo
rum present Prayer by the Chaplain. Journal
| of Thursday read and approved;
McJunkin introduced a bill respecting the
condemnation of waters of innavigable rivers
and the rights of those owning lands bordering
! thereon.
The Senate concurrent resolution, authorizing
the Secretary of State TO furnish each member
of the Legislature with copy OF State Engineer
Halls work upon irrigation was concurred in.
Britt offered a resolution that the Committee
on Attaches Immediately report to the House
the names of all the attaches, their per diem
and the duties they perform. Adopted.
Several members presented petitions from
their constituents asking for immediate action
upon the water question.
McJunkin offered the following, which was
laid on the table, and ordered printed:
ResolUed, By the Assembly, the Senate concur
ring that the Governor be and he is hereby re-
euested 30 declare the Sd and 18th days of Au-
gust legal holidays.
Edwards offered a resolution, which was
passed, authorizing the State Printer to
print 245 copies of all measures introduced in
the Senate and Assembly.
Firebaugh introduced a concurrent resolution
requesting the Senators and Congressman from
! California TO urge Congress to amend the United
States statutes SO as to provide for the condem-
nation of the lands along the banks of any
streams, to facilitate irrigation underlegislative
control. Laid on the table, and ordered printed
Mr. Jordan of Alameda introduced the follow
ing:
An Act to propose to the people of the
State of California, an amendment to the Con-
stitution of California, relative to water aud
water rights.
The Legislature of the State of California, at
its session commencing on the Goth day of July,
1856, two-thirds of ell the members elected to
each OF the two Houses of the said Legislature
voting in favor thereof, hereby proposes that
Article NV. of the Constitution OF the State OF
California be amended so as TO read as follows
Article XIV, Section l. The waters of all
natural non-navigable lakes. not situated upon
private lands in one ownership, and all non
navigable rivers or brooks passing beyond lands
in one ownership, and the surplus waters of all
navigabie lakes and rivers diverted therefrom
at such times only as shall not impair the navi-
CATION thereof which waters are within the
State of California, and can be utilized i'll sup,
plying towns and cities, or the inhabitants
thereof with water for domestic or municipal
purposes, or in supplying water for the irriga-
ton of agricultural lands, or for mining, or me-
chanical, or other useful purposes, shall be and
they are hereby declared to be the property of
the people of the State of California, and the
use thereof for either or all of said purposes is
hereby declared public use.
No ownership in, or right to the use, appropri-
ation or diversion of said waters for any of the
purposes herein named shall ever be granted to
any person., company OF corporation. Blu SucH
waters shall be subject to distribution in the
manner TO be hereinafter provided by law for
the following purposes. viz:
First-For the use Of any town or city, as such.
and for supplying the inhabitants thereof with
pure, fresh water for domestic purposes, and the
irrigation of lands.
Second-For the irrigation OF agricultural
lands
Third-For use in mining
Fourth-For mechanical or other useful pur-
poses.
Provided, first, that where such water has
heretofore been legally appropriated by any
person, company, or corporation, for either
private or public use, Tor either of the afore-
mentioned purposes, in accordance with the
laws of the state, provided for app1opriating
the waters of the State and the same has been
applied according to the recorded declaration
of intended use, the right so acquired shall not
be denied, nor abrogated during the term for
which said corporation was organized as set
forth in its articles of Incorporation, in case
of appropriation by an individual or company
wherein the time is not specified shall the du-
ration of the appropriation continue longer
than twenty years from the commencement of
the use, unless upon condemn alton OF the right
in either case now provided, or that may here
after be provided for by law, or unless sooner
forfeited by abandonment of the use for which
the appropriation of such waters was made for
the period of two Years.
Provided, second, that the owners of land on
the bank of stream accustomed TO use water
therefrom for household or stock purposes, and
not for artificial irrigation shall not be deprived
| of such use without condemnation of the water
for public use, as now provided or that may
hereafter be provided by law.
Sec. ,. When town city owns its own
water works, and uses the same as a source OF
revenue beyond defraying current expenses,
rates shall not be charged which will produce
less than i've nor more than seven per cent. per
annum on the actual cost of the improvements
| beside the curreut expensts. Nor shall any in
dividual, company or corporation receive for
water furnished town or city or the inhabit-
ants thereof beyond said rates.
Sec. 3. When water is supplied BY an indi-
vidual company or corporation to town or
city for the OF the town city as such or to
the inhabitants thereof for domestic purposes
and for lawn irrigation. the governing body in
such town city shall fix the rates to be
charged for water, so not to produce not less
than five nor more than seven per cent per an.
mum on the actual cost of the works, besides
its current expenses. The ordinances
or resolutions fixing the rates shall be passed in
the month of February of every third year.
and take effect on the first day of July there
after. ANY Board or body falling to pass the
necessary ordinances or resolutions fixing the
water rates within such time shall be subject to
peremtory process to compel action at the suit
of any party interested, and shall be liable to
such further process and penalties as the Legis
lature may perscribe. Any person, com pany or
corporation collecting water rates in any town
or CITY in the State otherwise than so estab:
lished, shall pay such fine, OF. suffer such
penalty, as may hereafter be provided by law.
Sec. 4. Whenever the right heretofore ac-
| quired by any person, company or corporation
under the laws of this State for the diversion or
appropriation of water for irrigation or other
beneficial use shall have terminated, as pro
yided in this article, the right thereafter to dis
tribute the public water shall forever remain in
the State, and such water never become private
property or subject to corporation or personal
control. But the state nay at any time before
the expiration of such rights, a majority OF all
those voting at a general election having deter
mined to do So reserve to itself the exclusive
right TO convey its water and distribute
the same for the purpose of irrigation
and may (the people at said election having so
determinedl condemn all bitches and canals
then owned or controlled by private individ-
uals, companies or corporations and thereafter
such canals and bitches shall remain in the ex-
elusive ownership and control OF the State for
such purpose
Sec 5. The English common law of ripa-
ran rights, so far itc0nfiets with this article
shall not be recognized in any of the Courts OF
this State.
See. 6. The right to collect rates or COM
pensation for the use of water supplied to any
county, city and county town, or the inhabi-
tants thereof, is a franchise, and cannot be ex-
ercised except by authority of and in the man
ner prescribed by law.
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