Imperial Valley press., 1908-02-15


 out discharging any into the Alamo channel. Generation of power is a lawful and necessary use of water and electricity is as indispensable to Imperial Valley as irrigation
 If no considerable quantity of water were discharged into the. basin, Salton Sea would not disappear by evapora- tion under thirty years, probably not in fifty years. The salt works are submerged, and all the injunctions that might be issued by all the courts on earth could not bring them to the view of this generation.
 Against Public Policy.
 Even if the salt works could be restored by compliance with an order of court, it would be against public policy to sacrifice a great and grew ing community for the benefit of an individual or a private interest The paramount right of the public to water for beneficial use is recognized and upheld by all the laws governing the appropriation of water and by the practice of the Government in dealing with reclamation projects, notably in the Owens River project, in favor of the city of Los Angeles. Five towns in Imperial Valley are dependent on the power plant at Holtville for light, for ice, for power to operate machin cry of all kinds. To destroy the in dustries and the development of those towns by insisting on technicality which cannot possibly be of any prac- tical benefit to anything or anybody, would be monstrous perversion of the law.
 It is not conceivable that Judge Wellborn would demand literal com pliance with the terms of his order if he realized what that would mean to Imperial Valley.
 The c. D. Go. could not obey the order literally and continue to supply water for the irrigation of farms. The order was not directed solely against the wasteway of the power plant, but against the wastage of water from all canals of the irrigation system, and irrigation cannot be prosecuted without an excess of flow over actual use.
 An Object Lesson.
 The Colorado is preparing for one of it's periodical changes of course, and if not controlled will soon be dis charging a great volume through New River into Salton Sea, as it has many times before, and that without con- aid from man. Would any court commit the absurdity of order ing anybody to go down into Mexico and dam New River, with the alterna- tive punishment for contempt of court? If it were not for the pros pective destruction of the Hume across New River, the overflow might be an instructive and effective object lesson.
 c. D. Co.'s Defense.
 When the case comes up next Mon day, strong defense will probably be made by the California Development Company Its officials and engineers maintain that it is physically impos- sible to obey the mandate of the court doing great damage to the holdings of the Imperial Valley set tiers who are dependent upon the company for all of their irrigation water.
 Appeal is to be taken to the United States Supreme Court from the yer dict and decision rendered in the case tried in January, and it is stated that the contempt proceedings will also be taken to the highest court for ultimate decision.
 California Development Company in terests assert that the East Liverpool Salt Company was awarded ample damages for the loss of it's property even on the assumption that the de 'endant is legally responsible for the food. It is contended that the welfare of the Imperial Valley is of paramount importance and that possible injury ,o one concern owning land in that