The record-union., 1892-08-03
LASSEN LANDS.
Their Development Retarded by Ri
parian Litigation.
Plenty of Water for All, but a Few
Want the ACKNOWLEDGEMENTS
Plan of Compromise.

that feed the streams, it is so light in the
valley proper that only the land mois-
tened by streams produces meadows,
while sagebrush is the natural growth on
land notirrigated. As stock-growing has
been the principal industry, and winter
feeding an essential condition, the farms
were established upon the meadow lands,
and the outside range has belonged to the
Government until located within the past
few years as swamp and desert lands.
The delta of the Susan River was taken
as swamp land, and natural meadows
took the place of tule swamps as fast as
drainage was completed. These and a
few along the banks of the river were the
oldest locations.
The Lassen County Desert Act was
passed with view to the reclamation to
profitable agriculture of these sagebrush
lands, which show a capacity, under irri-
cation, for hardy fruit, vegetables and
alfalfa, but without irrigation are profit
able for grain, only under favorable con-
ditions
The principal tributary of Susan River
is Willow Creek, fed by springs supposed
to proceed from Eagle Lake. This is
LOO feet above the main valley, with a
large watershed in the high Sierras. It
has an area of nearly thirty thousand
acres and a depth OF more than five hum
dred feet. With view to
RECLAI3IING THESE LANDS
Messrs Alvinza Hayward and Captain
Merrill filed on the waters of Eagle Lake
many years since, located large body of
land near the mouth of Willow Creek and
began operations for turning
THE WATERS OF EAGLE LAKE
Into Willow Creek. The main part of
their work was done on fumes, dams,
clearing sagebrush and the commence
ment OF tunnel that was found far more
costly than expected.
Finally their interests were divided and
Mr.. Hayward retired from Lassen
County. Others became interested, liti-
CATION followed and the work proceeded
very slowly. During the same period
Colonel Is. III. Leavitt, farmer on susan
Rlver, with taste for dams and ambition
for enterprise, had been working up
scheme Tor holding the surplus waters of
Susan River in mountain reservoirs and
diverting it from the river to a distribut-
ing reservoir high up III the valley.
From lack of means his work advanced
slowly until the coming of G.. G.. Hutchin-
son, the founder of Hutchinson, Kansas.
and a lifelong
PROMOTER OF DEVELOPMENT.
By joining his means and energy with
those OF Colonel Leavltt, and inducing in
veStment by friends who contided in his
judgment, they were enabled to partially
complete a system for holding the sur
plus water of Susan River in mountain
reservoirs, and store water at Lake
Leavitt for the reclamation of several
thousand acres.
In the meantime MIR. Hutchinson's at
tention was attracted to the magnificent
water supply of Eagle Lake. He was adj
vised by counsel that the law contenl-
plated the use of water systems for the
good of the public, rather than their
reservation for the possible future benefit
of those who might have filed claims,
without showing capacity to make those
claims available.
Accordingly he filed claim upon the
waters Of the lake for irrigating purposes,
had the necessary surveys aud maps pre-
pared of the water system, and Govern
ment lands to be reclaimed; formed com
pany to complete the system, and invited
settlers to file upon the lands. The COM
pany proposed TO provide the water re-
CURED to meet the Government require
mentS and demands for profitable agri-
culture.
This is brief outline of the situation.
now complicated by many conditions.
After the delta lands were drained their
owners were accustomed to flood them
annually, and claimed that the sediment
thus deposited
ADDED GREATLY TO THEIR FERTILITY,
AS settlers located above, this overflow
was curtalled. AS no system of distribu-
ton was ever agreed upon, and economy
IN the use of water is a dream of the flu
ture, the water question has been a sort
OF go-as-you-please race for the lawyers.
One evening farmer on Baxter Creek
came home from Susanville loaded with
legal advice, and the next morning he
and neighbor killed three other neigh
borS over dispute about ditch.
Thomas Watson and several of his
neighbors had water suit lasting tor six
years. Mr.. Watson saws that The suit
cost him 5000 in money, besides loss of
time and other disadvantages, and he
presumes it cost the other party as much,
or more. 1t was sent back from the Su-
preme Court three times, without preju-
dice to either party, and now their rights
are no more definitely settled that at first.
THE ''TULE CoNFEDERACY."
Fourteen of the old settlers on the
delta call themselves riparian owners,
and have sued eighty-two appropriations.
who use the water above, for all the
waters of Susan River and its tributaries.
They claim that from original settlement
they are entitled to these waters; that the
annual overflow is necessary to maintain
the fertility of their meadows, and that
for such purpose, six miners inches per
acre is required.
This suit is to come off early next
winter and the plaintiffs have already
incurred an expense of 81 300 in a survey
and map of water system to be used in
court. The defendants are about to pre-
pare similar data at like expense.
Some hold out the idea that they are
rrNrY - y~.z H.. 4
rights, establish titles and agree upon
EQUITABLE DISTRIBUTION.
Almost every one of the defendants has
been assured that his rights were not
called in question. They begin by suing
for more water than the river carries
except at flood time. They have a suit
far more complicated than the one in
volving Mr.. Watson's rights. Hundreds
OF persons not named in the suit are in
terested, and if there is any man who
will guarantee them an amicable and
permanent legal settlement of the ques-
tons involved, within three years, for
100000, think they had better close
with his proposition than to fight it out.
All the money spent in law won't
bring one inch of water TO those thou
sands of acres of thirsty land. The water
is here to supply all, if carefully stored
and wisely used. The storage is oues-
money. All interests invested can easily
command the means. With the few
working, and the mass fighting, then all
are going down together, and we we'll
know that in contest at law even
THE WINNER LOSES.
Now, in the st. Johns River Associa-
ton OF Tulare County, we have work
ing object lesson on the application OF
common-sense to such matters. They
had tumble very like this, All parties
interested were invited to form the above
named body. Each one of the systems
claiming water elected representative.
and TO these five commissioners all mat
tiers are referred at their monthly meet