Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-31
WORK IN COMMITTEE.

The Senate Committee on Irrigation and
Water Rights held q meeting yesterday after
noon upon the adjournment of that body, Sena-
tor Taylor in the chair.
The first bill taken up for consideration was
Del Valle's substitute for Senate bill No. l. 1t
reads as follows:
An Act concerning the ownership appropria-
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 to the use
of the the people of the State. Such waters may
be diverted and used for irrigation or other ben
ehcial purposes under regulations prescribed by
law propided, that navigation in navigabe
streams under the control of the United States
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.
Mr. H. 5. Dixon, a lawyer of Fresno. was in
vited to address the committee upon the merits
of the bill
the debates on the subject by outsiders.
MI Del Vale remarked that. although coming
from an irrigation section, he was not welded
TO any particular measure nor to any extreme
plan. He desired to have justice done 10 all
interests, and wished all the light possible on
the subject
Mr. Dixon then proceeded to explain the pro-
visions of the bill from the appropriations stand
point He held that the condition of affairs re-
quires that the State should own and control the
waters of innavigable streams. The water of
does the air. The gentleman read the provis-
ions of the bill and argued in their favor claim
ing that they contained nothing inhibited by the
| Constitution. and nothing that the present Leg
| islature could not legally adopt. The whole
| question is, whether the Legislature shall de-
clare in favor OF the common or the civil law
whether the waters of the state shall belong to
| the riparian propTietors or to the public? In
| reply to a question by Senator Spencer. Mr..
! Dixon admitted his belief in the doctrine that
riparianist who had neglected or failed to di-
vert or appropriate the waters of any stream
running through his land until after somebody
had gone above him on such stream and di-
vorted the wafer thereby forfeited all right or
ownership to the use of that water. The whole
matter, he said is a question of cold law, and
| the first appropriation of water should have the
right to its use There are few laws in any
country that do not work Injustice to some body.
Well broke in Senator Sake "when we get
so smart and so fur ahead of GOD Almighty as
TO ignore the law Of doing unto our neighbors
as we would have them do unto us. then it's
about time for us to quit. There are too many
laws on the subject now. We should have some
bill passed defining the law of water rights as
it is to-day, and then let the thing alone When
you want to dock dogs tail you don't want to
take it Off an inch at s time and keen the Door
dog in misery-you cut it all of at once, and
have done with It.
After some further catechising of Mr. Dixon
by Senators Whitney and Spencer upon various
phases Of the water rights question, the latter
claiming that the concluding proviso in the bill
had the effect Of eXempting from regulation or
interference by law appropriation rights already
acquired and now or heretofore exercised
Mr. Dixon cOntended that such was not the
purport and effect of the bill but Senator Spe,l-
Ger contended otherwise.
Senator Reddy next took up the discussion of
the question, and argued at some length in de-
feuse of the bill under consideration. He dues-
toned Mr. Dixon on points raised by Senators
Spencer Whitney and Sake, eliciting replies
favorable 10 the theory of appropriation
At 445 the committee adjourned without
definite action.
IRRIGATION COMMITTEE.
The Assembly Irrigation Committee Walrdth
Chairman met in the Supreme Court room last
evening TO consider the several bills that have
been referred to them. After considerable dis
cuSsion, Goueher's bill introduced in the As
sembly at the morning session, after several
minor amendments, was recommended as a
substitute for DeWittS bill, and viii be so re-
ported to the Assembly Monday.
The amended bill is as follows:
An Act concerning the ownership of water in
natural innavigable streams, and providing for
the acquisition thereof by appropriations.
The people of the State of California. repre-
sented in Senate and Assembly, do enact as fol-
lows
within the State of California is the property of
the public, and is dedicated to the use of the
people of the State Such water may be appro-
priated, diverted and used for irrigation or
other beneficial purposes. The right to divert
unappropriated waters of any natural stream
to such beneficial uses shall be regulated by law
appTOpIl6LlbHs Oh water u any Sucu use,
whether heretofore or hereafter made. SO long
as applied to such use other beneficial pur-
poses, give the better right 10 the extent of the
amount of water actually devoted and applied,
and the right appropriation shall be exercised
under legislative regulations, provided that
navigation in nayigable streams under the con-
trol OF the United States shall not be impaired.
The English common law of riparian rights. so
far az it conflicts with this Act shall not he re
eoSnized as a rule Of decision III any Of the
Courts Of this State.
Section .. All Acts and parts of Acts in con-
iiiet with this Act are hereby repealed.
Section = This Act shall take effect immedi- |
afei=