Los Angeles daily herald., 1886-06-26
PROPOSED CONSTITUTIONAL AMENDMENTS
AND LEGISLATIVE ACTS AND
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The following is the Report OF the Com
mittee on Resolutions, presented by the
Chairman, Assemblyman Munday Of
Sonoma, and unanimously adopted. 1t
embraces the measures referred to in the
accompanying Circular, to which your
entire and earnest support is solicited:
Your Committee on Resolutions report
as follows: We respectfully submit the
accompanying measures which are pro-
posed for adoption by the Legislature and
as pledge to be required OF candidates as
hereinafter set forth. These measures
consist
First A proposed Constitutional
amendment to fix and determine tho
nature OF water rights.
Second-A proposed Constitutional
amendment to regulate the use OF water
appropriated for irrigation.
Third-A proposed Act Of the Legisla-
ture concerning the right to acquire the
use of water by appropriation.
Fourth-The repeal Of Section 1922 oi
the Civil Code.
These proposed measures were prepared
by the State Executive Committee after
careful consideration, and after taking the
best advice in the State. We believe that
these measures are absolutely necessary
to secure a permanent irrigation policy.
We therefore propose the following reso-
lutions:
Resolved, That the accompanying bills and
amendments be adopted as expressing in part
the legislative policy Of this Convention.
Resolved, That the friends of irrigation
should exact full and unqualified indorse-
ment Of these measures frsm all candidates
who can promote or affect the interests of irri-
cation.
Resolved, That we ask the Irrigation Clubs
to remain organized and continue organizing
from now until irrigation shall become the per-
manent law and practice Of the State, and that
the members Of such Clubs and all in agree
ment am alliance with us SO use their votes
as to promote the political success Of ruch can
didates only as accept these measures without
amendment w. 5. GREEN,
Chairman.
To amend Article XIV, an Act to
amend the Constitution of the State of
California by the addition Of two Sections,
as follows:
SECTION 8. The water of every natural
stream, not heretofore appropriated with
in the State Of California, Is hereby de-
clared to be the property of the public,
and the same is dedicated to the use oil
the people Of the State, subject to appro-
priation as hereinafter provided.
SEC. A. The right to divert unappro-
priated waters Of any natural stream to
beneficial uses shall never be denied.
Prior appropriation to any such use,
whether heretofore or hereafter made,
shall give the better right, and the right
of appropriation shall ever be exercised
under such regulations as the Legislature
has heretofore prescribed or may here
after prescribe, and the English common
law OF riparian rights, so far as it conflicts
with this or the preceding section, shall
not be recognized as a rule of decision or
rule Of property in any OF the courts oil
this State.
The other proposed amendment (No.
p is a proposed Constitutional amend
ment.
Section l.. The use of all water now
appropriated, or that may hereafter be
appropriated for irrigation, sale, rental or
distribution, is hereby declared to be a
public use, and subject to the regulation
and control OF the State in manner to
be prescribed by law, provided that the
rates of compensation to be collected by
any person, company, corporation or irri-
cation district in this State, for the use OF
water supplied to any city and county, or
city, town or irrigation district, or the in
habitants 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 city and
county, or city, or town, or irrigation dis
trict, and shall continue in force for three
years and until new rates are established.
But in establishing such rates they shall
| take into consideration the cost of con-
struction and maintenance Of works by
which the water is supplied, and the rates
so established shall be such as will yield
to the person, company or corporation so
supplying water, a net return OF at least 7
per cent per annum upon the amount in
vested in the construction and mainte-
nance of such works. Such rates shall be
fixed in the month Of February and take
effect on the first 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 in
terested, and shall be liable to such fur
ther process and penalties as the Leglsla-
ture may prescribe. Any person, COM
pany, or corporation collecting water
rates otherwise than As SO established
shall forfeit the franchise OF such person,
company, or corporation to the city and
county, or city, town, or irrigation district
from which the same are collected for the
public use.
TWO PROPOSED ACTS.
An Act concerning The oscnoslip Of scater in
natural streams, and proriding for the acqui-
sifion thereof BY appropriations.
SECTION 1. The water of every natural
stream, not heretofore appropriated with
in the State of California, is hereby de-
clared to be the property of the public,
and the same is dedicated to the use OF
the people Of the State, subject to appro-
priation as hereinafter provided.
SEC. 2. The right to divert unappro-
priated waters OF any natural stream to
beneficial uses shall never be denied
Prior appropriation, whether heretofore
or hereafter made TO any such use, shall
give the better right; and the right OF APP
preparation shall be exercised under such
regulation as the Legislature has hereto-
fore provided or may hereafter prescribe;
and the English common law Of riparian
rights, SO far as it conflicts with this OF
the preceding section, shall not be recog
nized as rule of decision or rule Of prop
erty in any of the Courts OF this State.
SEQ. 3. All Acts and parts of Acts
which conflict in any way with the pro-
visions OF this Act, are hereby repealed.
SEC. 4. This Act shall take effect from
and after its passage.
An act 20 amend an 1cf 10 establish a Civil
Code, approved ---, IS7
The people of the State of California,
represented in the Senate and Assembly,
do enact as follows:
SEcrIos l. Section 1922 Of the Civil
Code is hereby repealed.
The State Executive Committee calls
attention to the following resolution
unanimously adopted by this Convention:
Resolrcf, That past experiences having Hvsa
us full confdencs in the Executive COMMITTEES.
therefore by this Convention full plenary
power is conferred upon that Committee to do
all and every act that may by them he deemed
necessary to advance the interests 4 irrigation
and to that end TO alter, add 10, amend or taku
from the measures adopted By this tonven-
tiou. and with full powsr and authority TO con-
duct the future campaign against ltiparianisni.
STATE IRRIGATION CONVENTION.
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