The herald., 1893-12-07
he town. By the laws and regulations

the town. By the laws and regulations
OF Spain pueblos could grow or sprin,
up by themselves by the collection anc
settlement of q number of people fol
that purpose, and then they were en-
dowed with certain rights and privileget
according to those laws and regulations
but this pueblo, as remarked, waj
founded by direct action OF the territori
al governor and at the point previously
recommended by him.
1t was founded some 10 years after the
hrst exploration of the country by the
Spaniafds, and over 10 years after the
first party passed by this location and
had encamped upon the site, which was
in 1868, the pueblo being founded in
1871. SO that the Spaniards bad had
an opportunity within that time in
which to explore the country and ascsr-
tain the most suitable place at which TO
found a pueblo, and the governor, as
stated, reported that it was the hest
place in this region for the location of q
pueblo. 1t was evidently located here
on the river for the purpose of being
supplied with water therefrom. They
ascertained. doubtless, that this river
possessed the character of being perpet-
usl in its flow of water; that is, that it
had its origin, as has been developed
here by the testimony, by means of
springs and subterranean channels, aud
contained water during the dry season,
80 that the little colony founded upon
it's banks would not be left to famish
during these long periods of lack of rain.
1t has been held in this state, as re-
marked before, from quite an early
period, and repeated in various decisions
in state courts as we'll as in the United
States court, that these pueblos possess
or enjoy certain right to the land
within the limits of the pueblo and also
to the water necessary for the use OF the
inhabitants, and that they had para
mount and superior right to this use OF
the water, whether arising from springs
or flowing in rivers that the rights OF
those settling outside of these pueblos
were subject in this respect to this COM
munal or municipal right of the pue bio.
1t was held in these early cases, and it
has been uniformly 20 considered that
as to the lands they were held in trust
by the pueblos, a public trust. subject
to the regulation of the government, and
that after to the change of flag and after
the organization OF this state these pub
lie trusts were subject to the regulation
of the state Legislature. My opinion is
that the same may be said of the right
to the water. A great deal has been
said here in reference to the nature of
that right, whether it be ownership or
the corpus of the water or merely the
right to use what may be necessary.
am OF the opinion that the right to the
use and control of water for the pueblo
is the same as the right over the
land within the pueblo, and
the Spanish laws and regulations
show that this right to the use and con-
troll of the water reached outside of the
limits OF the pueblo, in so far as it was
necessary to control the use OF the
water within and for the benefit of the
inhabitants of the pueblo. That right,
l think, is a perpetual easement, as one
might say, in the nature OF right in
trust in the pueblo to the controlling
use OF all the water, subject to the SOW
ereign power of the state In like manner
as In case of the pueblo lands; and |
am borne out in this view of the case by
the legislation of this state in reference
to this city and the control by the came
of the waters of the Los Angeles river.
1t has been intimated that this right
held by the ancient pueblo could only
extend to the use OF 80 much water as
was necessary for 1t when founded. /
think this is entirely erroneous. This