Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-06

Rights met yesterday afternoou, Nj. Taylor in
the chair, There were present Messrs. Spencer
Foster, Reddy, Days, Cross, Del Vale, Lowe,
Sake and Wright. The committee resumed con-
sideraton of Del Wales bill (No. l6), which had
been substituted for No. l, concerning the own
ership, appropriation, diversion, and use of wa
tiers in this State.
Gross moved to amend by adding TO Section /
the words or for other beneficial purposes -
SO as not 10 interfere with the rights of owners
of original mining canals to apply the same 10
agricultural uses. The amendment was adopted.
Lowe moved that the COMMITTEES report the
bill back, as amended, with the recommends
ton that it pass.
Spencer spoke against the bill. He claimed
that it started out with a false deelaration-that
the waters of all natural streams are the prop
erty of the people "a declaration that conflicts
with the Constitution. The Legislature could
not give force to such declaration in the face
of the Constitution. He argued at some length
to show the other provisions of the bill were
calculated 70 intlict great injustice upon the
original locators of lands on the banks OF
streams. He did not believe that the waters OF
all natural streams are now, or ever were, the
property Of the public, and was opposed to the
clause which confirms rights now acquired to
divert and appropriate water, etc. This, he
held. might confirm. the present appropriatoEs'
rights which had not yet accrued under the
Code.
The roll was called, and the bill ordered en-
crossed as amended. by the following vote
Ayes-Del Vale, Reddy, Foster, Wright. Lowe
Noes-Spencer, SAKE, Taylor-3.
The bill as amended land the only one yet re-
ported By any Senate committee) reads US fol-
lows. the amendment being in brackets
An Act concerning the ownership, appropri-
ton, diversion and use of waters in this State.
Section l. The waters of all natural streams
within the State are hereby declared to be the
property of the public, and dedicated 10 the
use of the people of the State Such waters
may be diverted and used for irrigation or other
beneficial purposes under regulations prescribed
by law; provided that navigation in nayigable
streams under the control of the United States,
shall not be impaired; and provided that the
rights now acquired to appropriate, divert and
use water shall not be impaired so long as such
water is applied to the purposes for which the
same has been appropriated or for other bene-
fetal usesl.
tlict in any way with the provisions of this Act
are hereby repealed.
Section 3. This Act shall take effect from and
after its passage.
The next bill considered was Senate bill No.
u, presented by Mr.. SAKE. 1t is entitled an Act
to define riparian rights, and provides as fol-
lows: Riparian rights as declared in Section
1422 of the Civil Code of the State of California
are hereby declared to consist of the right 10
the use of so much OF any body of water flow
ing through, or contiguous to- the lands of any
proprietor Us is necessary for domestic use, the
watering of stock, irrigation when practicable
and mechanical purposes, where the water il
plus of said waters may be used by Others fol
the same purposes.
The merits of the bill were dis eussed at some
length by Messrs. SAKE, Spencer, Reddy and
others. 1t was finally continued for further
consideration.
On motion. the committee adjourned TO meet
on the following day on the adjourumen: Of the
Legislature