Los Angeles daily herald., 1889-02-01
new Era Of irrigation.

Ino conclusion Oh tn6 report ID, InaJ IN
order to get water sufficient for the irri- |
cation of these plains, the water must be |
taken from the lakes which stud the sum-
mits of the Sierra Nevada mountains and
be carried in distributing canals through
the foothill country into the valleys be-
low. As is we'll known, there are many
of these lakes which lie in hollows left
when the mountain range was thrown
up. These lakes are natural store houses,
supplied by the rains and the melting
SHOWS, and in order to make them serve
the purpose OF reservoirs all that is neces-
sary is to tap them at points SO that the
water may be drawn off when needed in
the dry months, and closing the gateway
or canal when the irrigating season is
over, so that the lake may be replen-
ished by the rains and SHOWS. In some
cases it may be necessary to erect dam
at the outlet of the lake, so as to increase
its storage capacity and to furnish bet
ter means of connecting the canal with
the waters of the lake.
1t is evident to all who have know
ledge of the subject, that sufficient water
can be obtained by the plan suggested
by Major Powell to irrigate most. if not
all, of the arid plains of California and
Nevada, and that sufficient water for
this purpose cannot be obtained in any
other way. Natural and artificial lakes
must be used as reservoirs to store the
waters in the mountain so that it can be
allowed to run down to the valleys dur
ing the season when irrigation is needed.
If these reservoirs are not used to store
the waters accumulated during the wet
seasons, then these waters must run to
waste in the spring months, and thus
leave the streams dry or with scarcity
of water in the season when irrigation is
necessary.
1t is only question of time when the
plan suggested by Major Powell will be
put in operation, for it is well known
that the soil of the valleys OF California
is generally rich and productive when it
is irrigated; and this being 30, the land
and water will not be allowed to remain
separate by our enterprising people.
But it is evident also that this plan OF
irrigation can only be carried out at
great expense. 1t does not seem prac-
ticable that the State should take charge
of and bear the expense of this system
of irrigation and it must be done,
if done at all, by the investment of pri-
vate capital. 1t will be most difficult, if
not impossible, to raise the money neces-
sary for these works by contribution
from, or assessment upon, the owners of
the lands to be irrigated. The only prac-
ticable way of carrying out this extensive
system OF irrigation is tc allow it to he
done by individuals or corporations who
can command capital sufficient for the
purpose.
In the Constitution of California it is
declared that the use Of all water appro-
priated for sale, rental or distribution is
public use and subject to the regulation
and control of the State. The Constitu-
ton further provides that the rates for
water supplied to any city and county,
or city or town, or the inhabitants there
of, shall be fixed annually by the Boards
of Supervisors, or other governing body,
of such city and town, or city or town.
By an act of the Legislature, passed in
1885, in pursuance of the Constitution,
the several Boards of Supervisors Of the
different counties were empowered to fix
nd lat a.
which any person or company engaged
in the business of distributing water in
any of these counties might sell or
rent such water. This power of
regulation which is thus vested, by the
Constitution and laws of the State, in the
Boards OF Supervisors of the different
counties, and cities and counties is not
limited. Rates may be fixed which will
not yield an income sufficient to carry on
the business, and this would amount to
a sonfscation of the property and busi-
ness of the owners of the Water Works.
How far the Courts would interfere with
the enforcement Of rates which would
not yield to capital invested in the water
business an income such as was being
earned by capital invested in other enter
prises in the same locality. is a judicial
question not yet fully considered and not
settled. 1t may be held that the Courts
will not interfere except in clear cases of
abuse of the power of fixing rates, that
is, if rates are fixed which would yield
sufficient to pay operating expenses and
taxes and some return, however small.
to the owner of the property invested,
the Courts might not interfere.
If the Supervisors have the legal
power to deny to capital invested in the
business of selling water for irrigation
revenue substantially equivalent to that
earned by capital invested in other
enterprises, this will prevent and
obstruct the investment of capital in
irrigation works. The possibility that
rates may be fixed which will yield a
smaller revenue than is earned by capital
generally in other business enterprises
will of course make capital hesitate be-
fore it places itself under this power OF
regulation.
When irrigation works are established
and in operation, it will be natural for
the landowner to desire his water at the
lowest rates possible, and as the Super