Los Angeles herald., 1891-09-20
THE RIVER.
A History of the Title to
Its Waters.
The Legal Points Cleaned from
Early Records.
The City of Los Angeles the Owner
of the Water.
How the Claim to the Stream Was
Originated-The Chain in the Title.
An Interesting Study of
the Matter.
[BY C. P. DoRLAND.l

THE following paper was read before
the Historical Society of Southern Cali
fornia, on September 9TH. 1t gives a
history of the title to the water of the
lbs Angeles river, as studied from trans
lations from the records of the surveyor
generals office, from acknowledged
rights by riparian owners and from de-
cisions of the supreme COURT
In volume II, page 393, OF Provincial
state papers, dated December 27, 1779,
is a communication from the comman-
date general of the Californias to Don
Fernando de Rivera y Moncada, which
recites the determination of the govern
ment to occupy the channel of Santa
Barbara and found the pueblo to be
called "Nuestra Sonora, la Reyna de
los Angeles" on the Rio Porcitncula,
and directs said Don Fernando to carry
out said determination as follows
To settle said Pueblo with families
and soldiers told off from the garrison in
order to increase the population of the
province, and also for the especial
purpose of stock raising.
In the following September the COM
mandante empowered Governor Don
Felipe de Neve to establish the fort at
Santa Barbara, and two pueblos, the
object being to obtain land and water
for cultivation, and to assist in paying
the general expenses of the government.
In the same records, volume l, page
sa frOy u
mandante general to the governor of
the CALIFORNIA;, in which reference is
made to the places existing in the
provinces between San Francisco and
San Diego, with facilities for. irrigation
for agriculture. That one OF the places
was on the Rio Porci1ncula, AZ leagues
from San Diego, and two leagues from
the mission of San Gabriel, and then re-
fers to the object OF the establishment
of the pueblos, and recites his selection
of nine soldiers, practised in agriculture,
and five farmers, with their families,
for each pueblo; also the setting apart
to each settler, besides the lot (solar) ON
which he was to erect his house, certain
irrigable lands for the planting of
fanega of corn, together with horses,
cattle of all kinds, tools, seeds, etc.
l.
cations, page 416, of the date of August
26, 1881, are the orders and regulations
of Governor Don Felipe de Neve for the
establishment of the pueblo of Los An
geles in the immediate vicinity of the
Rio Porciuncula, for the examination of
all lands capable of irrigation, and for
the selecting Of site for dam to be
so situated as to insure the distribution
of water to the greater part of the land;
that the site for the town should be
chosen ON elevated ground, go as to en-
Joy the north and south winds and
to avoid the risks of inunda-
ton, and as near the river and
main ditch as possible; that the
lands should be laid out in tracts, with
streets and plaza, the tracts to be 200
varas in length and the same in width,
this being the space required for plant
ing and raising fanega of corn; that
there should be reserved to the crown
one-quarter of the arabic and dry lands
for the benefit of new settlers, and as
signing certain tracts to the pueblo;
also providing that within the four
leagues, assigned as the limits OF the
pueblo, all pasturage, woods, water,
water privileges, hunting, fishing,
stone quarries, etc., shall be for
the common use and benefit of
the Spaniards and Indians therein. This
provision concerning the common use of
wood, pasture lands and water privi-
leges were confirmed by general law,
October "a, 1881.
In volume I, page 710, dated August
IA, 1886, is set out an order from Don
Pedro FACES, the successor to de Neve,
to Don Jose Arguello, of Santo Barbara,
to proceed to Los Angeles, and give
formal possession to the settlers, in ac-
cordance with the terms OF the royal
decree giving and setting apart to each
settler his lot ofland heretofore assigned
to him, that he should clearly define
and designate what are public domains,
to wit: Water, pasturage, woods, etc.
the settlers to accept their lands under
this understanding, and to sign instru-
ments to that effect.
In the report made by Don Jose
Arguello, dated September 5, 1856, he
says he confirmed to each settler his
respective lot of land. and measured the
unassigned lands for the common use of
pasturage, with the common right in all
the water, wood, pasturage, fishing, etc,
explaining the same to the settlers; to
all of which they assented, making the
sign of the cross, as none OF them could
write.
In volume XIX, page 956, Provincial
State Papers. is the account of the inju-
ry done to the pueblo of Los Angeles by
the erection of dam on the Cahuenga
rancho by the priests of the mission of
San Fernando, whereby the water Of the
river was diverted from its channel. A
committee was appointed to investigate,
and later reported that "the said dam
cut off the source OF water for irrigation,
thereby causing damage and suffering"
The authorities at San Fernando de-
MED this and claimed that the dam.had
been used by former occupant fourteen
years, but the mission authorities finally
yielded all right to the water and asked
permission to use a sufficient quantity
for irrigating small tract necessary
for the mission with the precise
understanding that at whatever
time the least damage should be caused
to the settlers of the pueblo of Los An
geles on account of the diminution Of
water. the mission should cease to use