Imperial Valley press and the Imperial press., 1906-06-09
OUR WATER RIGHTS
BY r. c. HAvENs

ed when the water is applied to the land. The use of water in this State Is a public use and all rights acquired In accordance with law attach to and are sppurtenant 10 the lands irrigated. This being the case and the water users of the Imperial Valley having such clear rights to the use of suffici- ent water to permanently and success fully irrigate their lands the question therefore is why does the Commission CT of the General Land Office reject the final proofs made on lands in this ValleyP
 The answer to this question Is given in the rejection itself. It Is because the entryman has failed to show that he has a clear right to sufficient water to permanently and successfully irri- gate his.land. It Is therefore well to enquire into the proofs made by our people and endeavor If possible to point out wherein the trouble lies.
 It will be remembered that on March 18th. 1902, the first final proof ever made on a tract of land in this Valley was made before the Register and Re- ceIver of the U. s. Land Office at Los Angeles by Clara c. Drais. Accom- panying the papers in this proof certain documents were filed in which was set forth the scheme by which the water right was supposed to be generated. These papers were prepared by the at- torneys of the California Development company and naturally they set forth the proposition from their standpoint. In them they allege that the water is delivered to Water company No. l "in bulk" and that this water continues to be .in bulk" so far as the transaction is concerned Water company No. l handling it as property in the disposal of which its stockholders as such par ticipate. This showing infers that owners of stock in Imperial Water company Mo- under their rights as stockholders in the company might use their privileges to become land owners in the district and might use their pro- portion of the property of the company (i. e. water) to irrlgate their lands. This is not a right to the use of water that can attach to any particular piece of land but merely the right to partici- pate in the benefits accruing to the cor poratIon. Since the filing of these pa pers with the final proofs of Clara C.. Drais each final proof made on desert lands in this Valley has been accom- panied by so-called reference state ment" In the following language:
 EXHIBIT GA"
 REFERENCE STATEMENTS FOR FINAL PROOF
 IN IMPERIAL WATER COMPANY No. 1.
 For the purpose of more fully showing the right of applicant to the use of wat CT to permanently reclaim and irrigate the land embraced in. entry No. reference is hereby made to documents filed in the case of the final proof of Clara c. Drais, assignee ofJohn NJ. Reuck, being D. L. E. No I253, final receipt No. no, issued March 29th,, 1902, consisting of certified copies of water ap- propriation notice of California Deve.- opment company, duly posted and re- corded in San Diego county according to the laws of the state of California. The articles ofincOrporation of the California Development company and Sociedad de Yrrigacion Terrenos de la Baja Cali fornIa (sociedad anonima) showing their right to handle and convey water for ir- rigating purposes, also the articles of in-