Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-22
CALIFORNIA LEGISLATURE.
EXTRA sEssIoN-sEcoND DAY.
SENATE.


SENATE.
WEDNESDAY, July 81, 1886.
The Senate was called to order at z. NJ,
MISUNDERSTANDING Daggett in the chair.
The roll was called and all but three Senators
answered to their names.
ORGANIZATION OF THE SENATE.
Kellogg offered a resolution providing that
the Senate should proceed to organize by the
election Of President pro tempore, Secretary
and other officers.
McClare offered a substitute providing that
the officers elected and serving at the last regu-
lar session be declared the officers of this ses-
sion.
Kellogg raised the point of order that the
Senate must proceed in the regular way by
electing one official at a time. The Chair so
ruled.
Mcclure withdrew his substitute and Kel-
logg's was then adopted.
A message was received from The Assembly,
announcing that that body had organized and
was ready for the transaction of business.
The Senate then proceeded to the election
of officers.
For President pro TEN. Mcclure placed in
nomination Senator knight of Santa Cruz
There being no other nominee, Mr. Knight was
| duly elected.
For Chief Secretary, Cox nominated E. F.
| Smith. Elected. The other officers elected
Assistant Secretaries. F. j. SAKE and J. J.
| Mccarthy; Minute Clerk, Raye Falk; Assistant
Minute Clerk, Guy salisbury; Journal CLERK,
| John 5. Maher; Assistant Journal Clerks, e. ).
| McMullen and John McNulty.
For Engrossing Clerk, c. F. Tuthill and
| George w. Jackson (the latter of Sacramentol
were placed in nomination: Each received ~ Il
votes and the Chair broke the tie by voting for
| Tuthll Assistant Engrossing Clerk-Miss Josie
Wolfskill. Enrolling Clerk-P. NJ. Sullivan.
| Sergeant-at-Arms-I.G G. Messick.
For Assistant Sergeant alarms MeSsrS. VIM.
DeFrees, Jos. Morren and VIM. Coleman were
placed in nomination. Three ballots were
| taken without choice, when Spencer OF Napa
| nominated also W. E. Bond. After four more
unsuccessful ballots, Coleman finally received
| the necessary plurality, and was declared
| elected.
Postmistress-Miss Lille T. Russell. Chaplain
| Rev. J. L. Trefren. Mail Carrier-Joseph
| Lincoln.
INTRODUCTION OF RESOLUTIONS.
| By Lynch, providing that the Secretary in
| form the Assembly that the Senate had organ
| lied and was ready for business. Adopted
By Taylor, providing for committee of three
| to wait upon the Governor, in conjunction with
| the Assembly committee, and acquaint him
with the fact that the Senate is prepared to re-
ceive any communication that he may have 10
offer
The resolution was adopted, and the Chair
| appointed as such committee Senators Taylor,
| / ell Vale and Lowe.
| By Kellogg, that the standing rules of the
last session--eXcepting rules 7, is, l6 and 49-be
| adopted temporarily as the rules OF the Senate.
| So ordered.
| By Langford, that committee of five be APP
| pointed on standing rules. Kellogg offered an
| amendment, providing for the appointment of
the necessary standing committees that on
| rules inclusive. Lost. The resolution was then
| adopted
Resolutions were adopted authorizing the
| Chair to appoint three Pages, two Gatekeepers
| and the same number OF watchmen and porters,
| as at the last session. Also, for the appoint
ment of Clerk by the Sergeant alarms. Also,
| directing the Sergeant-at-Arms to secure Post
| office box, ice, etc.
A resolution by Kellogg, providing that each
Senator lie allowed SIS for contingent expenses,
| was referred.
| A concurrent resolution was offered by Filcher
directing the Secretary of State to furnish each
member of the Legislature and State Depart
ments with a copy of the STATE Engineers work
on irrigation. Adopted.
| BILLS INTRODUCED.
| By Del Valle-An Act concerning the owner
| ship of water in natural innavigable streams,
and providing for the acquisition thereof by ap-
preparation. 1t declares the water of all innav-
| igable streams to be the property of the public,
| subject to appropriation, diversion and use for
irrigation or other beneficial purposes declares
| in favor of the rights of prior appropriations,
under legislative restrictions declares against
recognition of the English common law of III
parian rights as q rule of decision in any of the
Courts of this State
| BY Wright-An Act to amend an Act entitled
| An Act to establish a Civil Code approved
| March p, 1872. Repeats Section 1922, relating
| to the establishment of irrigation districts.
| By Reddy-An Act to propose to the people of
| the State an amendment to the Constitution,
relative to water and water rights.
| By Lowe-An Act to propose an amendment
| to the Constitution relative to water and water
| rights. 1t amends Section of Article XIV. by
| declaring the use of all water for irrigation,
| SALE rental, ETC.. public use, and subject to
control by the State; Supervisors Town
| Trustees to fix the rate thereof every three
| years, so as to return not less than per cent.
| and not more than per cent. on the amount
! invested. Any person, company or corporation
collecting in excess of the rates allowed shall
| forfeit their franchises,l
| By Whtney-An Act to declare the title to
waters in rivers, streams, lakes and ponds, and
! the right to their USE and is as follows
Section l. The waters of all rivers streams,
| lakes and PONDS! not situated wholly
| within the lands of single proprietor, are the
common property of the people Of the State and
| forever inalienable. There can be no private
| ownership of such waters While in their natural
| beds or channels
Section q Water rising upon lands in private
| ownership is the property of the owner of such
| lands until allowed 10 escape by natural flow
| beyond such lands when it becomes common
| property of the people of the State. But the
| right to the use of such waters may be acquired
| by the owners of other lands either by grant or
prescription.
| Section g. Water developed in tunnels
| and wells is the property of the person
| first developing it, and may be controlled and
disposed OF as other property, but not wastefully
until it passes from the lands of such person in
| the natural flow, when it becomes the property
| of the people of the State.
Section 4 Water falling in rain or snow
is the property of the person upon
whose land it falls, and may be disposed of as
other property until it passes by natural flow
from such lands, when it becomes common
property
| Section 5. The waters declared to be common
property are devoted to the sustaining of life
and to domestic and sanitary uses, which shall
always be preferred uses
| Section 6. The owner of lands watered by a
natural stream has right by diches constructed
so as to prevent waste in channels above, and to
sufficient water for the reasonable irrigation OF
such lands; but such right may be lost by ADAM
Comment or non-use, or by adverse use for five
years.
Section T. In the arid agricultural portions Of
the State, subject to the preferred uses declared
| in the preceding sections, all lands susceptible
of irrigation from the waters therein men,
| toned, are entitled to such waters for irriga-
ton to the full requirement OF the soil for agri-
cultural purposes Those parts of the State are
declared to be arid within the intent of this
section in which agricultural products cannot
be proftably raised without artificial irrigation.
Section S. Where the waters OF source or Sc
res OF sources of supply are not sufficient for the
reasonable irrigation of all the lands to which
such waters may be brought those first in the
actual enjoyment shall have a preferred right
, to the extent of such use, by works so con-
structed as to prevent unnecessary waste. But
no person has right to a wasteful use of water,
either in its carriage application to the soil.
Section g. 1t is unlawful for any person OF
corporation flor the purpose of irrigationl, to
the injury or deprivation of another. to divert
|
water in excess of the necessary requirements
of the lands under cultivation and depending
upon the use of such waters.
Section 10 prescribes how the Legislature shall
direct the distribution of water. First-to mu-
nicipal corporations for domestic use. Second
to private corporations to meet an actual need
for the sane purposes. Third-to irriga'ing
districts FUurth-to works constructed and
owned By private parties and corporations fol
distributing and supplying water fer iTrigating
the lands of others.
f Section II. The use of waters for mills and
other mechanical purposes is not affected
when such use can be made without material
diminution or defilement.
By Whitney-An Act concerning common
carriers of water and to define their duties.
Section l declares all owners OF bitches
canals, etc., for conveying and distributing
water to be common carriers.
Section provides that they must, on tender
of the usual legal price therefor deliver to all
applicants for all reasonable use, water for irri
CATION, etc
Section provides that in times of scarcity al
applicants shall be served proportionately to
the supply
Section gives common carriers lien upon
the land irrigated in default of payment for the
water used.
Section 5 provides that Supervisors shall fix