The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-19
IRRIGATION TROUBLES.
Views of San Francisco Engineers on tn
Vexstious Problem.

Views of San Francisco Engineers on the
Vexstious Problem.
The brief Geographic account published
in yesterday mornings CALL of the de-
struction by enraged citizens of two dams
in the Kingsburg and Emigrant bitches in
Fresno County was read with unusual in
terest by many San Franciscans. because Of
the exten sive interests they have in that sec
ton.
The dispatch stated that the dam at the
head of the Centervile and Kingsburg ditch,
few miles south Of Fresno, was first blown
out by seventeen men, who next went to the
dam in the head of Emigrant ditch and
served it likewise. These men are supposed
to ave come from the lower Kings River
country, and are probably citizens deprived
of their water privileges by these dams and
had grown desperate at the delays and eX-
pense of endless litigation.
A comprehensive history of this irriga-
ton problem would require large volume,
but brief idea Of the present situation,
and what is almost sure to follow, can be
told IN few words.
Two of the leading engineers of Cali
fornIa were interviewed by CALL re-
porter or the subject yesterday. They are
both thoroughly familiar with the whole
problem, and more or less directly inter-
ested in it as applied to this Identical sec
ton of the country.
This is very serious matter to the irri-
CATION Interests" said one of them. land it
is hard to forecast the possible conse-
quences. The blowing out of these dams
might almost be regarded as the firing upon
Sumpter. the opening of a long and bitter
war in the world of irrigation. There can
be no doubt that it will seriously affect the
entire irrigation Interests of this State. and
so far from being settled in a few years,
more than likely II will be fifty years :;
meanwhile, there must be serious check
on the development Of that portion Of the
State that depends upon irrigation.
This evil has its origin in several causes.
Many who own property may have taken
advantage of water rights accorded them by
the State law. Others may be in possession
of rights under the old Spanish custom :;
others may be claiming rights under the
English doctrine of riparian rights. And
all OF these are in complete autagOniSm will
the equities of the case.
According to the law in this State,
which, by the way, is pernicious TO the last
degree so far as the equities are concerned,
man may stake out, so to speak, a water
| claim, which, like mining claim, is prior
and absolute. 1t may consequently develop
that this mans claim Is more than the
natural waterway can yield, hence those
below him, who have a natural right TO an
equitable share of that water, are practically
cut off.
Here is where all the trouble lies. Those
at the head of the ditch are trying to enforce
the rights given them by the law and gobb O
| up all the water. Those below demand the
| share that nature endowed them with, and
the clash has landed all parties concerned in
| court.
Unfortunately the poor man with natural
| rights is pitted against the rich man in pos
| session of the water, and the odds are all
| against him. Sill more unfortunately the
| Legislatures that make the laws, and the
| courts that Interpret them are much more
| susceptible to the rich mans possessions
| than TO the poor mans rights.
| Now, there is the whole trouble. 1t will
| never be settled until law is enacted and
| enforced distributing to each man that por-
| tiUn of the water that his natural right and
| position entities him to. II he owns two
| nundredths or two-thousandths of district
| watered by certain ditch he should be en-
| titled TO like proportion of the water.
Il regard this trouble" said the speaker
| in conclusion, 'aS great misfortune to the
| districts Of California depending upon irri-
| CATION. 1t is bound to be more or less dis
astrous in retarding their development.
| Countless millions Will be tied up in litiga-
ton, and no one, however daring and enter
| prising, will Care TO invest under such cir
CumStalceS.