Los Angeles herald., 1906-03-27
CONCESSIONS ARE
SECURED BY CITY
DISPUTES WITH PROPERTY
OWNERS OVER
Rights Secured to Water From Un-
derground Flow of Owens River
for a Considerable
Distance

The city attorney has secured what
he considers most important con-
cession from property owners In the
San Fernando valley bearing on Los
Angeles present water supply
BY this concession, he declares, dis
putes between the city and property
owners in the valley will probaly be
forever set at rest City Attorney
Mathews is now in Washington caring
for the citys interests in the Owens
river case, but he yesterday wired AS
sistant City Attorney Goudge to urge
the council to recommend that the
stipulations of property owners In the
valley be accepted without delay.
The stipulations which are consid-
cred so important to the city are made
by the owners of the Encino rancho
and the Los Angeles Farming and Mill
ing company, and are to the effect that
the city has the right to all water re-
sulting from the underground flow of
the river on their land for a distance
of four miles from the river.
This includes the territory recently
surveyed by Superintendent Mulhol-
land.
The city attorney sent the follow
ing letter to the council, in which
sttpulations and on his recommends
ton the legal department was author
lied to sign the contract referred to:
Letter to the Council
with q view Of having the terri
tory embracing the underground waters
of the river definitely determined. and
in continuation of the policy inau-
gurated by the two suits which have
haaT1 hxy T,,I .
the superior court in favor of the city,
two new suits have been brought in
the name of the city against the own
ers of two large tracts extending from
the head of the surface stream down to
the uppermost tract embraced in one
of the above mentioned suits which
have been so decided, one of these
tracts being the Encino rancho and the
other being the land of the Los An
geles Farming and Milling company
and embracing a frontage on the river
of between five and ten miles.
THE territory embraced in these
two new suits, in which it is alleged
that the subterranean river flows, was
established by Mr.. Mulholland, the su-
perintendent of the water department,
and in his opinion includes all of the
land in which there is any considerable
amount of underground water, the TAX
the flow Of the river, and it has been
stipulated in the two suits that all of
these underground waters are part of
the river, so that proof of that fact,
which could only be obtained at a
very great expense, has been obviated.
Makes Request of City
GAS a corresponding equivalent it is
asked that the city disclaim any inter
est in the lands outside of the zone
which has been established. which out
side lands are either so far distant from
the river that wells thereon could not
with any degree of probability affect
the river or they are mountain lands
in which, in the opinion of Mr.. Null
holland, there is no underflow of the
river.
at is apparent that the city will be
obliged to some day define the limits
of the zone in which the underground
waters of the river exist, and / know
Of no better method of doing this than
to have it determined by the city's own
engineer, as has been done in the pres
ent case.
Even if there was a considerable
flow of underground water outside of
the zone it could not be extracted
except at an expense which would not
justify it's use for extensive irrigation,
and the lands in question doubtless
are more unfavorable for the develop
ment of water than any other point
opposite the river on account of the
character of the material of which
these lands are composed, as demon
strated in the evidence in the above
mentioned cases, which were tried and
decided.
at is my opinion that the stipulation
should be granted, and Messrs. Lee &
Scott, the associate counsel of the city,
are also of the same mind, and there
fore ask authority to enter a disclaimer
as to the outside lands in the above
suits"