Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-22
TIE WATER CONVENTION.
FURTHER ACTION OF THE IRRI.
GAT0RS' COUNCIL.
Resolutions Under Fire-The Plains
Must Have Water-"No Po-
iitics " the Watchword.
IS. F. Post. May 91st.l


IS F. Post, May 2lstl
Before the adjournment of the Conven-
ton, Thursday. w. S. Green, of Colusa,
Chairman of the Committee on Resolu-
tons, reported that in order to avoid dis
sension on the subject, the committee had
erased from the declaration of principles
all reference to prior appropriation. He
read the following declaration of prin-
cipies:
TIE CONVENTIONS PLATFORM
Rcsol,ed That it is the sense and determine
ton of this Convention:
First-Ihat the cubic foot per second be
adopted as the unit measurement throughout
the State.
Second-That declaration should he made
by the Legislature that all the unnavigable
waters of the State, in natural streams and lakes
not rising or wholly included in lands under
private owner hip, belong to the people thereof
and are subject to appropriation by the people
for irrigation, mining manufacturing and other
useful purposes and that the customary Law of
appropriation OF water for these purposes as it
has grown up in this State should receive the
formal sanction of that body as follows;
/. That there Is no individual or corporate
ownership OF water except that which rises
upon land under such individual or corporate
ownership, this ownership continuing SO long
only as II remains upon the premises or so long
after il leaves Them as they may control it in
pipes, bitches or any other means of convey
| ance, and apply it to useful, beneficial and
necessary purposes.
>. That the appropriation of water from any
public source does not imply individual or cor
porate ownership, but that it is taken for the
time and to the extent only that it is applied to
a useful ard necessary purpose, after which il is
free to other or subsequent appropriations under
the same conditions.
3. That the appropriation of water and its
conveyance through canals and bitches for sale
rental or distribution Is useful necessary and
beneficial purpose, sale or rental not implying
ownership of the element, but Just remunera-
ton for the use of the franchise and the plant
employed in its conveyance.
Third-That system of law should be ADOPT
ed providing for the control. management and
just distribution of the waters OF the state, in
accordance with the foregoing principles.
Fourth-rhat she law of eminent domain
should be so extended as to allow an irrigation
district when formed, corporation or individual
to condemn and pay for rights of way lands
canal, bitches and water claims and rights of
whatever nature held by any person or corpora
ton, or any other rights OF property, however
existing or acquired or by whate yer name des-
ignated, which may be necessary for the appro-
priation or use of water. Provided, that in con-
demninS water used at the time of the COM
mencement of an action for the same a mani
testify greater public advantage and use can be
shown.
Fifth That Section HES of the Political Code
should be amended to read as follows "The
nant 10 or inconsistent with the Constitution of
the United States or the Constitution and laws
ofthis State, except as it applies to streams and
watercourseS, is the rule of decision in all the
Courts of this State
Sixth-That Section 1l22 of the Civil Code.
which declares that the rights of riparian pro
pretors are not affected by the preceding twelve
sections of the Code providing for rights to water
by appropriation, should be repealed.
Seventh-An amendment to the State Cousti-
tuition should be adopted declaring that the
law Of ENGLAND * and Shauld mot
be the rule of property or the rule OF decision
in the Courts of this State in controversies con-
corning the right to appropriate, divert and Use
water, nor in actions by or against actual Gppro-
priators of water for beneficial purposes, and
that APPROPRIATION for beneficial purposes deter
mines the right without regard to the ownership
on the banks of "A wateTcourSe.
ReSOlccd Further, that we call upon the people
of this State TO recognize the principles herein
stated in their selection of public officials whose
duty it may be TO promote the same.
THE RIGHTS OF APPROPRIATION
The same committee also prepared the
following resolution
WHEREAS, The miners who first efficiently oc-
cupied California after its acquisition by the
Union, following the lawful practice OF the
prior occupants adopted diversion of water
from the streams and its useful appropriation in
their industry: and whereas. such appropria-
ton was recognized by the Federal Courts and
was never prohibited by the Courts or Legisla-
ture of the State; and, whereas, the practice
lawfully followed Dy the miners was adopted by
the owners of agricultural lands in the sincere
belief that it is as legal as it is proved to be
necessary TO the efficient development of the
State; and, whereas, such practice of useful APP
preparation of water has been the means OF
greatly increasing the population and produc-
tons OF the state, and has added largely to its
wealth, until TO day many thousands of people
IN comfortable homes and prOttably occupied in
productive industries owe all they have and are
to the use of water for irrigating their lands
and, whereas, Unexpectedly to these people it
is al . inn cd hof hoy hox+a nrob III.
water as the miners used it. and as the citizens
of Spain and Mexico used ii when those ma
tons had dominion of thi9 soil and, whereas,
such claim means the most painful conse-
quences to thousands Of landowners in the
irrigated area, and i'm orts disaster to the com
mercial centeIs of the State and, whereas, such
denial of the right of appropriation seems to be
affirmed by the Supreme Court of the State in
an issue decided by majority of one on the
bench; and, whereas, it appears in that de-
cision that the Courts opinion was somewhat
affected by incidents OF the trial. in passing
upon which there is at least room for an
error in judgment; and, whereas, the issues at
stake are OF such very grave nature that de-
cisions finally adverse to appropriation imports
the destruction of the growing and profitable
acres in the San Joaquin valley, and the ruin of
the vineyards, orchards and cities of southern
California: therefore,
Res0tued, That feeling genuine respect for the
Court, and with the intention to seek only law
full relief from whatever burdens it may be COM
PEELED in its line of duty to impose, we ask that
the whole riparian question receive at its
hands thorough review upon such rehear-
ing as shall cast out of the tinalty reached all
elements arising in the incidents of trial, and
shall rest Judgment upon the legal principles
involved alone.
The report and resolution were adopted
and Abbott Kinnie, of Los Angeles, read
declaration of principles, holding that the
State is of right entitled to and should dis
tribute the waters of the unnavigable
streams when the peoples interest demand
it; that laws FOR the purposes should be
Just and equal to all men and all interests
and should leave all the discretion possible
to the different localities. No judicial
candidate should be pledged to decide in a
particular way disputes that may be
brought to judgment before him.
Proceedings of Friday.
The Convention was called to order at
1910 this morning by President Shorb, the
proceedings being opened with prayer by
Chaplain Schilling, in which he called
down the blessings of the Almighty upon
our State, and asked that all evil be elimi-
mated from the Constitution"
The President read from the call of the
Convention to show its objects.
c. c. Bush, of Shasta, said he believed
that all laws of the Supreme Court should
be respected as long as they were on the
statute books, nor did he believe in trying
to eliminate them except by legal methods
He was posing as a representative OF his
county, but wanted to say that be did not
think the riparian laws of England were
calculated for California. As he was not a
mem Der of any club, he desired to know if
he was to have voice in the proceedings.
President Shorb said the gentleman could
DO SO by signing the articles, but Abbott
Kline, of Los Angeles, moved that Mr..
Del 10, 4 81 ,.I
He was ruled out of order, and greeted
with cries of mo" mo"
PUT TO THE MEETING.
The Committee on Resolutions reported
that they had examined the resolutions of
M Ind