AGHIC. DfT. 
 
 Main Lib. 
 Oept. 
 
453 
 
 U. S. DEPARTMENT OF AGRICULTURE, 
 "OFFICE OF EXPERIMENT STATIONS, 
 
 A. C. TRUE, Director. 
 Irrigation lnventlgatloiis, KUvood Moat, lixprrt in <'liariir. 
 
 IRRIGATION FROM THE SAN JOAQITN RIVER. 
 
 FRANK SOT.TLK, 
 
 nf ' ''(// l'':iii/iin-i'i'ini/ in /lie 1 'iiirrrxitii nf I 'iilijuriiiii. 
 
 [Reprinted from 1". S. Department of Ajrricultnre, Office of Experiment Stations Bulletin 100, 
 Report of Irrigation ]nve.<tii.'ati<jns in California.] 
 

 U. S. DEPARTMENT OE AGRICULTURE, 
 
 OFFICE OF EXPERIMENT STATIONS, 
 
 A. C. TRUE, Director. 
 Irrigation In\ .limiiioii*-, i:in....<l T|I-<I. Kxpert 111 Charge. 
 
 IRRIGATION FROM THE SAN JOAQULN RIVER. 
 
 FRANK SOTTI.jK, 
 \i 
 
 ProfeatOT <>f < '//// ttiiyimrriiii/ iii I/if t'liiivrxilii <>f < 'n/il'i 
 
 [Reprinted I'mm I", s. |)c|iariniciii di Ajiriciihiirc, ( iilicr ni Experiment Stations Bulletin lui', 
 I!i'Iirl <if Irriiratiini Investigations in (-'alifornia.] 
 
Man Lib. 
 
 Affrir 
 
CO NTH NTS. 
 
 Page. 
 
 Introduction 215 
 
 A brief history of the development of irrigation in California and in the San Joaqnin Valley 216 
 
 Physical features of the San ,loa<|iiin Valley 218 
 
 The San Jonquin River , 218 
 
 The soils in the drainage area of San Joaquin River 220 
 
 Rainfall 222 
 
 Flow of the river 222 
 
 Climate 222 
 
 Products 223 
 
 I rrigated tracts in the valley and possible extensions 223 
 
 Fresno River 225 
 
 Chowchilla Creek ' 226 
 
 Estimate of total area of land which might l>e irrigated from San Joaqnin and Fresno rivers and 
 
 Chowchilla Creek 226 
 
 Appropriation and distribution of water 228 
 
 Summary 232 
 
 Involution of water laws in California 234 
 
 Statutory laws relating to water rights 235 
 
 Rights of riparian proprietors 235 
 
 The Wright district law 236 
 
 Litigation over water rights on San Joaqnin and Fresno rivers and Chowchilla Creek 237 
 
 In the superior court of Fresno County 237 
 
 In the superior court of Madera County 242 
 
 In the superior court of Merced County 245 
 
 In the superior court of Mariposa County w 245 
 
 Investigations, in the field .'..- 246 
 
 Canals on San Joaquin River 246 
 
 I ' ppcr San Joaquin River Canal Company 246 
 
 The A liso C 'anal 247 
 
 The Chowehillu Canal 247 
 
 The I'-lyth Canal 247 
 
 The East Side Canal 247 
 
 The James ( 'anal 248 
 
 The irrigation system of the San .loaquinand Kings River Canal and Irrigation Company. 248 
 
 Canals on Fresno River 249 
 
 Canals on Chowchilla Creek 250 
 
 Sierra Vista Vineyard Company 250 
 
 Bliss Canal 250 
 
 Distribution of water among canals 250 
 
 I>istribnti<in of water among irrigators 252 
 
 Methods of irrigating 253 
 
 Duty of water 254 
 
 Answers to a circular letter of inquiry concerning irrigation matters 254 
 
 Conclusions 255 
 
 Methods of filing and recording claims to water .' 255 
 
 Adjudication of water rights 256 
 
 Influence of the doctrine of riparian rights on the success of irrigation 256 
 
 Stream control 257 
 
 State engineer 257 
 
 Where claims should lie recorded 257 
 
 Conservation and use of flood waters, and legislation thereon 257 
 
 in 
 
ILLUSTRATIONS. 
 
 PI.ATK XXI. IrripUi.'ii ..-.n. < al.mjr the San Joaquin Kiv.T 
 
 XXII. S:m .l,,;i.|uin an. I Kin-~ Kiv.T Canal 
 
 XXIII. 
 
IRRIGATION FROM THK SAN JOAQUIN RIVER. 
 
 By FRANK SOUI.E, 
 Professor of Civil Eng'mri'rimj in tin- I'nir, I'xiii/ ,,f ( 'nlifuniia. 
 
 INTRODUCTION. 
 
 It is now admitted by practically all intelligent citizen* of California who have 
 considered the matter that the subject of irrigation is the most important one ever 
 brought forward for the consideration of all our people. They acknowledge, as a 
 vital fact, that upon the complete development of her agricultural and horticultural 
 capabilities must be founded her greatest and most enduring prosperity. The 
 discovery of gold or petroleum may give to a State' a feverish or titful impetus; but 
 her permanent position must ever be dependent upon the character and quantity of 
 the products of her soil and her facilities for obtaining for them a good market. 
 And when, as in every arid or semiarid region, the character and quantity of the soil 
 products are directly dependent upon the application of water by irrigation, the 
 development and conservation of the supply of this water is a vital consideration. 
 As the water supply is found in the streams, they must be skillfully husbanded, and 
 the forests, their birthplace, carefully preserved, if the lands cultivated are to attain 
 their possible fertility and productiveness. 
 
 The forests and waters once conserved, both should be administered in the 
 manner contributing in the greatest degree to the benefit of all; which is simply 
 saying in the wisest and most economical manner. In California, as elsewhere, the 
 projector of an irrigation enterprise should be made to feel secure in the possession 
 of his water rights previous to expending his energies and fortune in such system. 
 He should be able to hold as certain title to the use of the water for a beneficial 
 purpose as is held to the land or property on which the water is used. Any doubt 
 or uncertainty on this point affecting either jeopardizes both, for in many cases 
 without water the land is worthless. If a capitalist believes that in embarking upon 
 an irrigation venture he is buying a tedious and expensive lawsuit he is likely to seek 
 other investment for his capital; and if a farmer be sure that every attempt to bring 
 water upon his land will be met by some obscure claim of previous appropriation or 
 ownership he will probably purchase a farm in some other locality. 
 
 In California, unfortunately, by a legal "tide-rip" between the riparian 
 principle, brought over with the common law of England, and the right of 
 appropriation of water established by our gold seekers and afterwards embodied in 
 the civil code of our State, a stream of litigation, tempestuous and baffling to 
 enterprise, was injected into our irrigation sea, bringing to the surface a great 
 
 mass of very unpleasant matter. 
 
 215 
 
_'!'> IKI;II. A i H>N IN\ K-rn; \ HUN- IN I\I.H"I;NIA. 
 
 That thi- condition of irrij,iitioii affair* -hould Ix- reformed i-- the -incciv wish 
 of every thinking riti/cii of our Sfcltr. \Vitll :i eode of water law.- based upon 
 
 fiiirne ami ju-tice to all. and an administration of them seeking the grcatc-t good 
 to the greatest numlM-r. not only would the irrigated di-trict- but the whole Stale 
 bound forward in a career of prosjierity. 
 
 A BRIEF HISTORY OF THE DEVELOPMENT OF IRRIGATION IN CALIFORNIA 
 AND IN THE SAN JOAQUIN VALLEY. 
 
 The problem.- to he discu-setl in this paper are t ho-e relating to irrigation frmn 
 San Jouquiii Kiver and its trihntarie>. It seems hest. before turning directly to 
 them, to {.five a hrief liistorv of the development of irrigation in California and 
 more particularly, in the San .loaquin Valley. 
 
 California, at lir>t |H>--C ed \>\ Spain and afterward- by Mexico. derived its 
 earlies) idea- and methods of irrigation from those count rie-. The lir-l irrigation in 
 the State wa- practiced by the Spani-h mis-ion father-, \\lio. while con\ crt ing to 
 Christianity and civilizing the Indians, planted and cultivated vim-yard.-, orchard-. 
 and farm- surrounding the mi ion-. The method- of irrigation in Spain were 
 |M-culiarly applicable to the coast region and interior \alle\- of California because of 
 tin- -imilarity of natural conditions in the two countries. 
 
 Until the coming of the American- the water laws of California were tho-e of 
 Mexico ami Spain. I'nder them the water- of the stream wen- he-Id to In- a public 
 trust, title to which could not lie granted to any private person or corporation. 
 Permission for use only could lie given. and thon to the actual user and to the amount 
 u-ed. I'pon the discovery of jrold in California in 1S4* the miners took water from 
 the streams to wash the u-olden sand-, and estalili-hed local laws dictated by common 
 -eii-e and the intere-t- of their industry. A- indicating their ri f Lrhteou-m--s. it may 
 he said tliat they were practically the -aim- in all mininir districts, howi-ver widely 
 -i-pa rated. 
 
 A~ time went on California, which had been at tir-t almo-t exclu-ively a miiiinjr 
 State, became a jjrn-at agricultural one. Its \alle\- and hill slopes produced immen-e 
 i|iiautities of wheat and other cereals, and spot- favored by nature were converted 
 into wonderfully productive orchards and vineyards. Wherever within her bound- 
 aries the rainfall wa- ample and reliable crop- were good, lioth in quality and 
 quantity: but in many localities where the soil and sun wen- friendly the rainfall 
 was uncertain and often deficient. Settlers in many case- realized the importance, 
 and often the ab-olute necessity, of the artificial u-e of water upon their farm- in 
 order to .-ecu re crop- and a livelihood. 
 
 The tir.-t attempt- <>f the American farmer at irrigation resulted in works of the 
 ino-t primitive character. Often individual effort led to the introduction upon (In- 
 land. through a plow furrow, of a small quantity of water from a neighboring 
 -tream. Later, communities of farmer- cooperated and con-tructed irrigation canal-. 
 to lx> utilized in common. At first, of coiir-e. the water most readily obtained 
 was made use of. and for a time only -mall, cheap systems were con-tructed. and 
 elementary irrigation practiced. 
 
 A- district- became more populous !m d the necessity for water greater, individ- 
 ual effort, and even local cooperation, becalm- in.-ullicient. both a- to methods and 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 217 
 
 capital, to supply the demand for water, and more costly and complicated irrigation 
 systems were found to be necessary. Consequently stock companies were formed, 
 and large amounts of capital enlisted in irrigation enterprises. In this way most of 
 the waters flowing in the streams were "taken up " or " appropriated," and the 
 importance of storage of the flood waters to meet the growing need became evident. 
 
 The development of stock companies and corporations soon grew to such propor- 
 tions that a new danger became apparent. A monopoly of the waters available for 
 irrigation was threatened. Groat systems, involving the expenditure of hundreds of 
 thousands of dollars or even millions, were practically absorbing all sources of 
 water for irrigation. The farmers found themselves at the mercy of water com- 
 panies, both as to rates charged and quantities of water applied; and the life and 
 growth of agricultural communities were considered in jeopardy. This condition of 
 affairs resulted in the evolution of the Wright irrigation law. 
 
 This law seeks to establish a system by which the people of any locality, the 
 lands of which are capable of irrigation from a common source, may form an irriga- 
 tion district on a basis somewhat similar to that of a municipal corporation. The 
 effects of this law on irrigation in California and the litigation arising under it will 
 lie discussed later on. 
 
 During all this time the advantage of irrigation was becoming more firmly 
 impressed upon California farmers and orchardists. With numerous excellent 
 object lessons before them, they abandoned the prejudices formerly held against 
 it and the expense and labor it involves, and have come to recognize in it an insur- 
 ance not only of a crop but of vastly increased production from the same h'elds 
 and, perhaps, of several harvests in a single year. As a result, from the more arid 
 districts of southern California, where it naturally began, irrigation has spread 
 rapidly over the State to its northern boundaries, and even over localities which are 
 credited with reasonable rainfall. 
 
 Following closely in the path of such enterprise has come a wonderful increase 
 in the variety and yields of crops, in population and in wealth. Raisins, wines, citrus, 
 and other fruits have supplanted pastures, wheat, and barley; cities and towns stand 
 on the ground of the old lonely farmhouse; and millions in bank are substituted for 
 the "promise to pay" of unfortunate farmers. As an example of this wonderful 
 increase in population, I will mention only seven of the many counties practicing irri- 
 gation, viz: Los Angeles, San Diego, San Bernardino, Kern, Tulare, Fresno, and 
 Merced. In 1870 their total population was 40,849, and their combined wealth 
 $22,513,820. In 1890 their population had increased to 296,719, and their wealth to 
 *l!is,356,127; or the population had multiplied more than sevenfold and the wealth 
 ninefold. 
 
 In contrast to these improved districts are those which have persistently resisted 
 irrigation. They have not advanced. Often they have gone backward; and have 
 retrograded in population and in wealth. 
 
 The writer believes that the prominence which California enjoys is largely due 
 to irrigation; and that since the subsidence of the gold fever her progress and pros- 
 perity have been coincident with the production of the great variety and quantity 
 of her crops resulting from the wise and skillful irrigation of her soil. 
 
 Turning now to the San Joaquin Valley, we find that Fresno County, in the center 
 
IRRIGATION INN I -I h. \ rti'Ns IN CA I.I KI >U M \ . 
 
 of the San Joaquin Valley, i-. |x-rhap.-. one of the best illu-tration- in California ,,\' 
 the Itenetits of irrigation and of the transformation which mav In- wrought bv tin- 
 wi-e and liberal use of water in Irrigation. In 1>T1 :i eolony \va- established in that 
 county which cultivated and irrigated vineyard-, producing raisin grape- Since 
 that time tin- jHipulation lias increased from a few hundred- to over loo.ooo people, 
 and now some of the most beautiful and productive orchards and vineyards in the 
 
 whole State are to IK' found in that po-'ti tf the valley. More than twenty colonie- 
 
 have IKM-II established in the .-anie locality, and nearly twenty main irrigation canals, 
 having a length of about S<(0 miles lia\-e Keen constructed. Their (tranches have an 
 aggregate length of aboal I'.IHMI mile.-. In this county alone nearly half a million 
 acre- are under cultivation: and this great area, which formerly wa- capaltle of pro 
 ducing only sparse crops of wheat, or pasturage for cattle, now market- immense 
 crops of raisin-, cereals, and alfalfa. The lands which formerly were of little value, 
 an- now, when irrigated, worth from $3<H> to $l.uoo per acre. And like rc.-ults in a 
 iiiea-ure have IM-CII obtained in every district in the San Joaqiiin Valley where ample 
 and intelligent irrigation has been practiced. 
 
 From this small Iwginning has grown up a great system of canals in the San 
 Joaquin Valley. Those drawing their waters from the San .loaquin River are the 
 Aliso, Chowchilla. Blyth, and Kast Side canals, on the right, or ea-terly bank; and 
 the .lames, tho Sun Joaquin and Kings River Canal and Irrigation Company's canals. 
 and the system belonging to .Miller i\l Lux. on the left, or westerly bank. 
 
 Taking water from the Fresno River, one of the most important brandies of the 
 San Joaquin in the contiguous district, are the canals of the Madera Canal and In i 
 gation Company; and in the same section of the valley, the Sierra Vista Vineyard 
 Company and the HH-- Canal draw -their supplies from Chowchilla Creek, another 
 tributary of tin 1 main river. 
 
 PHYSICAL FEATURES OF THE SAN JOAQUIN VALLEY. 
 THE SAN JOAQTTTN RIVER. 
 
 The waters of San Joaquin River are the union of the streams from many creeks 
 and branches in the high Sierras, fed by the rain and melting snow that fall upon a 
 mountainous drainage area of l.r>:;7 square mile.-. The summit range of the Sierra 
 Nevada is the eastern boundary of this area, which extend- northerly and southerly 
 for more than 7< miles. The river Hows down through a steep, rugged canyon, in a 
 we.-terly direction, to its point of debouchment upon the open country at l'olla-k\ 
 (formerly Hamptonville). '21 mile- northeast from Frc-no. From this point it COM 
 tinues in a southwesterly direction for .V> miles to the trough of the San Joaquin 
 Valley. Here it unites with the water- of Fresno Slough in a swampy region subject 
 to overflow and turns sharply to the northwe-t. From this junction on to it- mouth. 
 near Antioch, a di-tance oi' 1-jn mile-, it is the main river of the great valley, and 
 receives the drainage of the latter from all the streams on either side. These are 
 numerous, and some of them on the eastern flank of the valley, deriving their watcr- 
 principally from the Sierra Nevada'- rain- and snows, are considerable in volume. 
 
 As a rule, these tributary -t reams from the Sierra- lying north of the I'ppei 
 San Joaquin run in deep bed.- for many miles below their exit from the mountains. 
 
IRRIGATION FROM SAN JOAQUIN RIVKK. 
 
 and come to the level of the great plain only when nearing the trough of the valley. 
 At this point in their course they turn northward and unite with the main stream- 
 some as distinct branches; others, as in the case of the smaller ones, through swamps, 
 sand-flat deltas, or overflowed tracts. 
 
 Those named below are the principal streams flowing down the east side of the 
 vallev. as enumerated from the northerly end, with the drainage area of each given. 
 The streams marked with an asterisk derive their waters largely from the melting 
 snows of the high Sierras. These snows are substitutes for extensive storage reser- 
 voirs, and slowly vield their waters throughout our early springs and summers the 
 irrigation season in an unfailing supply of irrigation water. The remaining streams 
 of the list have their sources in the nearer mountains and foothills, and are replen- 
 ished bv rains rather than bv melting snows, and in consequence are torrential in 
 diameter, intermittent in flow, and less reliable for purposes of irrigation. 
 
 Tributaries of the fian Joaquin River, with their drainage area*. 
 
 Square miles. 
 
 Consuinne River * 589 
 
 Dry Creek 208 
 
 Mokelunine River * 573 
 
 Calaveras River * . 390 
 
 Stanislaus River * 971 
 
 Tuolumne River* 1, 514 
 
 .Merred River * 1, 072 
 
 Bear Creek 153 
 
 Maripc >sa ( 'reck 
 
 Chowrhilla Creek (orriver) 272 
 
 Fresno Creek (or river) 258 
 
 San Joaquin River* 1,637 
 
 Kind's River * 1, 853 
 
 Keweuh River 608 
 
 Tulc River 446 
 
 Deer Creek 130 
 
 White River 96 
 
 Posa ( 'reek 278 
 
 Kern River* . 2,382 
 
 Caliente Creek 461 
 
 Numerous small streams : 2, 138 
 
 Total area of mountain and hill drainage 16, 135 
 
 On the western slope of the San Joaquin Valley the streams originate in the Coast 
 Kano-e of mountains. They are torrential and intermittent in character. The stream 
 beds carry water but a few hours or days after rainfall, and this water spreads over 
 the upper plain, seldom reaching the San .loaquin. The streams are limited in sup- 
 ply and unreliable for irrigation. 1 
 
 From Pollasky for a distance of 40 miles downstream the river winds along 
 through low. fertile, and productive bottoms, shut in by bluffs, with hills behind 
 them. The river gorge in this length varies from a mile to a half mile in width. 
 Behind the bluffs and hills are elevated plains. These bluffs diminish in height above 
 the river from 75 feet near Pollasky to 40 feet at Herndon, and finally disappear at 
 
 'William Hammond Hall. 
 
Jl'U IRRIGATION 1NYK-I H. \TIONS IN C AU KOKNIA. 
 
 a distance of -jo mile- frum that place, \\here tin- river run- into the F re-no S\\amp 
 delta. 
 
 The entire face of the \alley trough surrounding tlie Fresno Swamp and the 
 great bend of tin- San .l<>u<|iiin Kiver i- l'ten submerged during the floods, and below 
 this region numerous sloughs break out from the San .l<>:ii|iiiii. and. after miming 
 for a distance in the same general direction, reunite with it lower down, thus form- 
 ing a liroad. swampy area, often submerged and generally very fertile. 
 
 From l'olla-k\ the river Hows over alternating beds of disintegrating granite. 
 interspersed with lx>wlders and mar-e gravel and broad, flat bar- of sand. It- 
 channel varies in width from :'.uu to '.HMI feet, and also greatly according to the stage of 
 the river. Its de-cent from 1'ollasky to the lower plains below Ilerndoii is quite 
 rapid, being more than M> feet in the 20 miles. From this point its fall is naturally 
 more gradual as it passes out upon the nearly level plains, being only I!*! feet to it- 
 union with the waters of Fresno Slough. 3(1 miles farther down. 
 
 In its course through the valley trough the de-cent of the river is still more 
 gradual, and in times of low water it winds along around sand bars in its lied or 
 bordering its hanks. For example, the straight line from the junrtion of the river 
 with Fresno Slough to the head of Old River, where it separates into t >vo channels. 
 is 87 miles in length, but the river between tho-e points develops into 14! miles. 
 Its average width in this stretch is from :5oo to t'.im feet, and its depth from bank 
 top to In-d is 12 to IN feet. 
 
 The river )n?d is usually covered with clean siliceous sand, with here and there 
 an outcropping of tenacious clay. The bank- are generally of a tough alluvial 
 deposit, and, as usual with stream- subject to floods, arc -lightly higher than the 
 lands outside of them. 
 
 The course of the river, and of each of the many sloughs which drain into it. may 
 be followed by the thick, luxuriant growth of s\\amp willows which lines their banks. 
 On the higher ground cotton woods flourish, and oaks are scattered at interval- over 
 the entire district. 
 
 As may be readily understood, the high, steep bluffs on either side of the upper 
 reaches of the river have offered great engineering obstacles to the diversion of water 
 for the pur]M>ses of irrigation, and but one attempt to this end (which resulted 
 in disastrous failure) ha-s Ix-en made that by the I'pper San .Ioa<|iiin Hiver Canal 
 ( 'ompany. 
 
 The tir-t feasible jxiint along the river from which water may be easily taken for 
 irrigation without the building of a long line of canal above the irrigable district i- 
 alH>ut 4(> miles below 1'ollasky. where the Aliso Canal diverts water from the river. 
 From this point down, on each side of the river, the high banks and the relatively 
 low plain In-yond make the construction of irrigating canal- easy: and it i- from this 
 point on that we tind in -uccessful operation the -\-tein-of canals deriving their 
 water from this river. 
 
 THE SOILS IN THE DRAINAGE AREA OF SAN JOAQTJIN RIVER. 
 
 After the river leave- the mountains, as before de- ( -ribed. the surface of the land 
 is at tirst inter-|>cr-ed with outcroppings of primitive rock. The -oil is thin and 
 yield- only -cant pasturage and is nowhere much above hardpan orbed rock. An 
 
IRRIGATION FROM RAN JOAQITIN RIVER. 221 
 
 exception to the above condition is found in the' bottom lands of the river from Pol 
 lasky downstream. These are composed of loose sand washings and river sediment, 
 mixed with clay loam: are fertile, readily absorb water, and are easily irrigated. 
 
 As we proceed southward and westward along the river the rolling lands on 
 either side are lean, compact, dry reddish clay and igneous mud deposits, with "hog 
 wallow" formations prominently in evidence. The hardpan approaches close to the 
 surface and is sometimes bare. The soil is so puddled by the clay ingredients that 
 it is almost nonabsorbent of water; and irrigation, particularly by means of lateral 
 absorption and subirrigation, is almost impossible. Some of these lands are summer 
 fallowed, and thus are made to produce fair crops of cereals. 
 
 As we move farther in a southwesterly direction into the plain and irrigation 
 sphere of Kings River we find the soil deep, absorbent of water, and remarkably well 
 adapted to the best methods of using water and to the production of heavy crops. 
 
 This character of soil holds except within a strip a few miles in width south of 
 (he San Joaquin. On the north bank of that river the " hog wallows " and rolling 
 lands run far down into the valley, and owing to their nonabsorbent character the 
 country is difficult to irrigate, except in small areas here and there where alluvial 
 deposits are found. This condition prevails until the middle plain is attained. There 
 the high river banks and hills are left behind; the plain is only -W or 50 feet above 
 the river bed, and the soils on either side are looser, lighter, and better adapted to 
 irrigation. On the south side they are deep, sandy, and nearly free from alkali. 
 On the north side they are not as light, with the exception of the alluvial spots before 
 mentioned. The surface is somewhat rolling, and often contains spots of alkaline 
 soil. The depth to hardpan is not great, and altogether the soil is not as fertile nor 
 as easily cultivated and irrigated as on the south side of the river in Kings River 
 domain. 
 
 As we proceed toward the lower plain and the trough of the San Joaquin we 
 encounter soils varied in constitution in different localities, often changing quickly 
 within limited areas, being sometimes black adobe, then loose, sandy loam and river 
 sediment, and again hard, alkali soil and compact hardened clay loam. 
 
 The lowest valley trough is subject to occasional overflow from the river, and in 
 some parts to annual inundation. 
 
 Dr. E. W. Hilgard, professor of agriculture in the University of Calif ornia, says 
 of the soils of the San Joaquin Valley. 1 
 
 The higher plains have very uniformly, from Kern County to Stanislaus, a very sandy loam soil of 
 great depth, and almost everywhere made of granite debris instead of quartz grains; hence, continu- 
 ally increasing their stores of mineral plant food by the weathering of the minerals present, a process 
 which in so porous a material, subject, in its natural condition, to the free access of air during the 
 greater part of the season, was evidently very rapid and as a consequence has developed unusually 
 large amounts of the soluble products, which often appear in an inconvenient abundance in the guise 
 of alkali. But little trouble arises from this cause in the high-lying sandy tracts, where irrigation or 
 the natural rainfall carries the soluble salts annually into the country drainage. But in the low-lying 
 and less pervious soils of swales and valley troughs, which are at the same time intrinsically the richest 
 in available mineral plant food, the accumulation frequently causes considerable trouble and difficulty. 
 There is on the whole, however, but little of the heavier class of adobe soils to be found in the San 
 Joaquin Valley; what is currently so designated would in other regions sometimes be hardly classed as 
 
 'California Station Kpt. 1888-89, pp. 115, 130. 
 
IN < \ 
 
 a clay loam. Tin- narrow Ix'll of dark-colored day, or adoU- laml. extends from the m-ighlinrhoi .<! nf 
 \lerci-d City toward Stockton, where, northward of French Catn|> Slough an<l imperially we-tward to 
 the Cuact BaafO, fWlly hefcvy adobe, or praiii. soils, prevail very largely. To tin- soiithwanl of tlii- 
 lii f San .liiai|iiin County luloU- Mills an- found only in tin- river trough, and tin- soils of the west side 
 
 are prevalently sandy all the way to the Ti-jon Mountains. * * * 
 
 The ancient deposits of the Kind's Itiver are represented Iiy the 'white ash" soils of the Central, 
 Wa-hington, i.nil other colonies; while tho.-e ul the San .loaoiiin side are reddish, study loams, con- 
 tracting |Miinle<lly with the "white ash" lands This distinction i> said to he maintained to a greater 
 or le^ extent nearly to the trough or edge of the "tule" licit to the westward; while to the eastward 
 of Fre.-no City Uith kinds of lands nin out, as the foothills are approached, into a luirdi-r licit of 
 lirownish clay loam (here aim culled adobe). * * 
 
 The magnificent result* of irrigation in the Kn-sno region, trancforining what seemed an arid 
 waste into a ina/.e of orchards, vineyards, and fields, showing the most luxuriant growth of a great 
 variety of products of the warm, teni|ieratc /one, can not readily he excelled as a cogent illustration of 
 the U-netits of irrigation in all its phases. Owing to the |.oroiis nature of most of its soils, and the fact 
 that certain portions of the region are underlaid hy more or less compact and impervious calcareous 
 hardpan, it lias also served conspicuously, in times pact, to illustate the evils of overirrigation, resulting 
 in the temimrary "swamping" of lower lying lands and the development of alkali w here it was never 
 known before, and need not U- hen-after under a rational system of drainage. 
 
 In the lower lands of the country to the northward, to the Fresno plateau, on the San .loai|iiin 
 and Fresno rivers, a.s well as on Cot ton wood Creek, we again lind soils of a heavier grade, and with 
 large supplies of mineral plant food. 
 
 RAINFALL. 
 
 Stated roughly nnd in round numbers, the annual precipitation of ruin and snow 
 on the high Sierras at the sources of San JotU|iiin Kiver lias a mean of rt) inches. In 
 tin- lower mountains of its watershed the amount falls to 4o inches: on the foothills to 
 30; upon the higher plain to ^0; and in the lowland trough of the river, al ami near it- 
 great turn to the north, to 10 inches; from which locality it <rraduallv incfeax-s in 
 amount as we proceed down the vtilley to the mouth of the river. 
 
 FLOW OF THE RIVER. 
 
 The San .loaquin fluctuates widely in the course of the year, between a hio-h or 
 flood water level and a low or autumn How. By ^ao-ino-s at Haniptonville (or I'ol- 
 lasky) and also at Herndon. the maximum flow of the river h:is been recorded as 
 hio-h as 59,800 cubic feet per second. The months of greatest flow are from .lamiary 
 to July, inclusive. On the other hand, its minimum Mow has fallen as low as l.'io 
 feet at Herndon. The months from August to October include the period of low 
 water. In the winter and spring months the average discharge approximates to 
 5,(K)0 to 6,000 cubic feet per second. 
 
 CLIMATE. 
 
 That part of the great interior valley drained by San .Toaqiiin Kher contains 
 ll.iNMi square miles. Its climate is quite dim-rent from that of the coast regions on 
 the we-t. as well as from that of the high Sierras on the ea-t. The animal rainfall 
 is light, decreasing gradually from an average of about \-l inches in the lower vallev 
 near StiK-kton. to about ." inches in the upper part near Hakerstield. approximated 
 _'!'." miles distant. 
 
 \\> atmosphere i- very dry. particularly during the summer season; andcon- 
 sequently very conducive to the evaporation of water, both from the streams and 
 the -oil. The summer temperature is very high. but. owing to the dry ness of the 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 223 
 
 air, is not often oppressive or injurious to the health. In the winter season there 
 is little or no destructive frost, and except in the mountainous districts, no large 
 amount of ice or snow. The summer nights are usually clear, and owing to the 
 uninterrupted radiation of heat and the descent of cold air from the Sierras, are cool 
 and comfortable. 
 
 The prevailing winds in the valley are from the north, being in summer time 
 the sea bree/es of the coast that follow the river and lowland levels, and which come 
 in a dried and tempered condition to the interior valley. In both summer and winter 
 the valley is occasionally visited by "northers" or high north winds which blow 
 with considerable velocity. Those of summer carry great volumes of desiccated air 
 over' the entire region, abstracting moisture from the soil and vegetation and evapo- 
 rating immense quantities of water from canals and streams. The winter " northers" 
 are usually cold, and frequently are dry, also. 
 
 The rain is usually brought by a warm southerly wind, and is seldom large in 
 amount. 
 
 PRODUCTS. 
 
 Originally the great San Joaquin Valley was almost entirely cultivated for 
 enormous crops of wheat, the farmers relying upon winter rains for the natural irri- 
 gation of the soil, or on summer fallowing to eke out the scanty rainfall. On the 
 west side of the valley the precipitation is often deficient, no more than two or three 
 crops of grain in five years being probable without artificial wetting of the soil. 
 
 As irrigation came to be practiced the waters of the San Joaquin and of the 
 other T'ivers in the great valley were carried upon the fertile lands in the valley 
 trough, and heavy and remunerative crops of raisin and wine grapes, orchard fruits, 
 alfalfa, and the cereals were produced, as well as good pastures for immense herds 
 of cattle; and it soon became evident that much of the valley land upon which irriga- 
 tion water could easily and cheaply be introduced was too valuable for the produc- 
 tion of ordinary and single crops of wheat or other grain. Consequently such areas 
 were speedily converted into orchards and vineyards or into alfalfa fields from which 
 three to five crops of the rich grass could be harvested each year. 
 
 IRRIGATED TRACTS IN THE VALLEY AND POSSIBLE EXTENSIONS. 
 
 The Aliso Canal, highest up on San Joaquin River on its right or easterly bank, 
 and owned by Miller & Lux, a corporation, was constructed and is used for the 
 purpose of irrigating wild grass lands in the river bottom of that locality. It im- 
 proves the pasturage for herds of cattle belonging to the corporation and it irrigates 
 an area of about 3.000 acres. Miller & Lux intend to further extend this irrigation. 
 
 Next below Aliso, on the same bank, is the Chowchilla Canal, belonging to the 
 California Pastoral ;md Agricultural Company. It was constructed to irrigate the 
 lands of the great Chowchilla Ranch, containing 107,000 acres. This ranch is mainly 
 utilized for the pasturage of cattle and the raising of swine, but 3,300 acres of it arc 
 cultivated for alfalfa. 600 acres for barley.' and 480 acres for grass. Much of the 
 land in the Chowchilla Ranch is unfertile; nevertheless, with a large supply of water 
 a greater area could be irrigated and improved. This supply, however, can hardly 
 be obtained except by using a portion of the flood flow of the river, either by means 
 
--4 IRRIGATION INVKSTKiATK'V- IN ( AI.1I < >KMA. 
 
 <>f .storage or irrigation in the high-water -ca-on. The benefit of irrigation in thi- 
 region is shown by the well-known fact that irrigated lands are worth, on the 
 average, at least twenty-live, times the value of those in the same locality wtiidi 
 remain unirrigated. 
 
 Some miles In-low the Chowchilla Canal, on the same bank and belonging to the 
 -ame company, i- the Mlyth Canal, i v, -ently con.-tructed for irrigating the wild gra 
 land.- on tlie Chowchilla Ranch. It i- a short ,-anal. <'. 7;, ,,f ;l m ile in length, and 
 introduces water into the dry hed of the Fresno River, from which the water spreads 
 out upon the adjacent plain and irrigates !.<MM> a. 'res of land. With a sullicient 
 water >npply this area could he largely extended or increased. 
 
 Still farther down on the right hank of the San .loaquin is the Ka-i Side Canal, 
 sometime.-, called the Stevenson-Mitchell Canal, which irrigate.- L'.:.IMI acres of land, 
 distributed as to crops as follows: Alfalfa. I.IMMI acre-: l.arley. :iuu acre-; wheat. 
 HKI acre.-; "hog corn." IIMI acre-; pastures and wild grasses. 1 .IMMI acres. Much 
 more land in the vicinity might be irrigated with a greater water -u|i|ilv: luit no 
 storage reservoirs are ]>o.-sihle in this locality, and only liy winter and spring flooding 
 of the lands and storage of water could the irrigated areas lie increased. 
 
 On the westerly or left hank of the San .loaquin we tind. lir-t. the .lame.- Canal. 
 formerly known as the Enterprise Canal. It is owned by the .lames Canal Compaii\. 
 which po e , - a large much of IM.OIMI acres, lying in the angle between San .loaquin 
 River and Fresno Slough, and south and west of the latter. The company propo-e- 
 to irrigate nearly the whole of this tract, either for pa-tmv land- or for the production 
 of alfalfa or cereals. Thus far. 4L > .t;.Mi acres have been irrigated from the canal: but 
 at present its operation is enjoined liy the superior court of Fresno Count v as the 
 result of a suit brought against the company by Miller < Lux. The detail- of the 
 litigation will lie given hereafter. 
 
 Next on the river, below the James Canal, is the largest, most complex and 
 extensive system taking water from the San, loaquin. It i- known a- the San .loaquin 
 and King.- River Canal and Irrigation Company. Miller ^ Lux. a corporation, arc 
 the principal stockholders in this company. It owns the " Main" or "Old Canal." 
 the China Slough, and Outside Canal, which form one line: the Parallel Canal and 
 the Dos Palos Canal, with numerous branches. In addition to the-c. Miller \ Lux 
 own independently P(MO Slough. Temple Slough, and Santa Rita Canal, which are 
 ii.-ed only to irrigate ranches belonging to that corporation. More than IOO.OHO acre 
 of land have been, at one time or another, irrigated by this entire -vstcm. and in each 
 year, on the average, about .^I.IMMI acres are thus prepared for crops of alfalfa, cereal-. 
 or fruits. In addition to this must be mentioned the immense but indefinite area- of 
 wild gra lands Monging to Miller >Sc Lux. which are flooded by the liiu-h water.- of 
 the river taken in through 1'o-oand Temple slough-, and which furni.-h pasturage for 
 cattle, bred and raised for the supply of the San Francisco market. With the pre-ent 
 condition- <>f water supply it -eein- impracticable for this company and corporation 
 to extend their irrigation systems very considerably, as tliev have no storage reser- 
 voirs, but rely ii|Kin the How of San .loaquin River for the required amount of water. 
 The length of their supply canal- already ivachc- >7 mile-, and these have' hram he- 
 amounting in all to over L'OO mile- in length. With an increased supply of water 
 from -torage thi- -ide of the valley, the west side plain, fora much greater distance 
 
IRRIGATION FROM SAN JOAQUIN BIVKK. 225 
 
 down toward the mouth of the river, might tie successfully and profitably irrigated, 
 and, in fact, the area of land under the ditches and the crops produced could 
 undoubtedly be multiplied several times. 
 
 The irrigation possibilities of the river, so far as the ordinary flow is concerned, 
 seem to have been fully exploited, and further extension of irrigated area will depend 
 entirely upon the storage of storm and flood waters. 
 
 Irrigation along San Joaquin River is practiced both for the wetting of barley 
 and alfalfa tracts, where the soil is too alkaline for the production of other crops, 
 and for the cultivation of various cereals, grapes, and orchard fruits where the absence 
 of alkali permits. It is also used to improve the pasturage on the wild grass lands 
 in the river bottom. 
 
 This list includes all the irrigation systems taking water from San Joaquin 
 River and the lands irrigable therefrom; but, as Fresno River and Chowchilla Creek 
 arc natural tributaries of the San Joaquin and are in close proximity to it, I shall 
 include in this report descriptions of these streams and of the lauds which may be 
 
 irrigated from them. 
 
 FEESNO RIVER. 
 
 This river has a drainage area of 272 square miles. Its sources are in the lower 
 mountains and foothills on the east side of the San Joaquin Valley; consequently it 
 is fed principally by the rains which fall upon these elevated lands, and derives 
 comparatively little of its water from melted snow; therefore, it is a torrential 
 stream, subject to great and sudden floods, and afterwards usually quickly subsides 
 into ordinary flow, or even a dry state. The months in which the greatest flow 
 occurs arc December to June, inclusive. During the remainder of the year its bed 
 is nearly or quite dry. 
 
 Records available show a monthly mean flow sometimes as great as 1,632 cubic 
 feet per second; but the general average is much lower than that, running from 200 
 to 500 cubic feet per second during the wet months. 
 
 The waters of this river, carried in the Madera Canal and Irrigation Company's 
 ditches, are used first to irrigate alfalfa on from 100 to 300 acres of land on the Adobe 
 Ranch, 10 miles above the town of Madera. This area could be increased, probably, 
 to 1,000 acres, by a sufficient water supply. The main field of distribution from the 
 canal is upon what was formerly known as the Howard & Wilson Colony lands, about 
 a mile below or southwesterly from the town of Madera. About 40,000 acres of 
 irrigable land lie under the ditches of this company, of which one-half have been 
 irrigated at different times. The maximum area irrigated in any one year has been 
 14,000 acres. During last year 1899-1900 the company watered 7,100 acres. 
 As the water supply for this canal is limited, the irrigated area depends largely upon 
 the amount of the rainfall and the resulting quantity of water flowing in the river. 
 With ample storage capacity, the entire 40.000 acres of land might easily be irrigated, 
 and to great advantage. In fact, there is a very large area of land lying beyond this 
 colony, to the south and west, which might easily be brought under the ditches, if 
 water were available. This company is already preparing to improve its canal sys- 
 tem and to greatly increase its storage power. The particular crops produced in 
 1899-L!oo were: Wheat, 3oo acres; barley, 600 acres; grass and alfalfa, 3,000 acres; 
 vineyards, 2,000 acres; orchard trees, 1,000 acres; Egyptian corn, 200 acres. 
 23856 No. 10001 15 
 
IKKIOATION INV I -I h. VTh'Ns IN lAI.IRWNIA. 
 
 CHOWCHILLA CREEK. 
 
 Cl)o\\chill:i ( 'reck i> .similar in origin and characteristic*) to Fresno Kivi>r. already 
 described. It has a drainage area of 'Jt'iS square miles, and. like the l-'rr-im. I- .-uh 
 jcct to sudden freshets in the rainy .season. Records have yivcn it a mean monthly 
 How as hJLrh a> l.tin.s cubic (Vet |>cr second, lint it- average (hiring the months from 
 December to .Inly, inclusive, is fur belovv that amount. lieiiiLT approximately I"' 11 cubic 
 feet per second. The months from February to .lime, inclusive, furnish the greatest 
 Bow, avenging :'.:'>:' cubic feet per second; but the months from .Inly to October. 
 inclusive, ordinarily a fiord little or no \\ater. 
 
 The only irrigation systems on ( 'liowchilla Creek are those of the Sierra Vi-ta 
 Vineyard Company and the 15lis> ditches. Hy means of dams across the bed of the 
 creek they ulili/.e the tlow of the stream to irrigate some r,.niiii or S.IMIU acres of land 
 lyinjj on either side of the stream, upon which vineyards, fruit trees, alfalfa, and 
 pasture lands are cultivated or impro\ed. The area irrigated in any one year i- 
 
 largely dependent upon the rainfall and the resulting water supply in the creek. The 
 
 irrigated area mij^lit lie largely increased by multiply inr the number of dams and 
 thus establishing n scries of impounding reservoirs in the bed of the stream. A- jt 
 is. duriii"; freshets, much water must be turned aside into the beds of IVrcnda and A-li 
 sloughs in order to avoid the destruction of the dams. Such new impounding dams 
 should have stability sufficient to resist destruction by sudden Hoods and freshets. 
 There are. also, one or two excellent reservoir site.- in the mountains above IJuchanan, 
 where laiye <|iiantities of water mijjlit be stored. 
 
 The valley lands adjacent to the San Joaquin and its bi-anches, now berny irri- 
 gated by existing canals, approximate l^O.OiMi acres in cereals, fruits, and alfalfa. 
 and the area of wild yrass lands which are overflowed by the Hood waters of the ri\ IT 
 is fully double this amount. 
 
 ESTIMATE OF TOTAL AREA OF LAND WHICH MIGHT BE IRRIGATED FROM 
 SAN JOAQUIN AND FRESNO RIVERS AND CHOWCHILLA CREEK. 
 
 In making this estimate I proceed on the assumption that the duty of water in 
 this region, the valley trough, is approximately li;o acres per cubic foot per second. 
 I assume this duty because no |x>sitive and definite information has been available a> 
 to the exact duty of watemn the different irrigated areas investigated by me. but the 
 general consensus of opinion amonjr canal owners, ranch owners, and canal superin- 
 tendents is that the above is a fair approximate average of the duty of water. 
 
 I find from Hall's tables of How of water in San .loa<|iiin River, established by 
 ^ajjin^s from 1S"K to IsM. inclusive, that the axei-a^e number of cubic feet per 
 second for the period from November to January, inclusive, is T.'iO, which, upon the 
 assumption that a cubic fool pel- second will irrigate l!ii acres ( ,|' land, would. durin<r 
 this |>eri:xl. ])roperly irrigate l^o.uon acres of land if all the water flowing wei-e avail- 
 able for irrigation. In the same way the average How for the jieriod from February 
 to April, inclusive. lx-in<r L'.tt'.i' cubic feet per second, would serve :!!:;. '.IL'II acres; in 
 the per'uxl from Mav to .lime, inclusive, the mean of about T.l.'is cubic feet per 
 second would irrigate 1. I'.I.">.L'M> acres. ;ind during August to October, inclusive, tlu 
 
 cubic ted |MI -ccoiid. average mean llovv . would irrigate li".M',so acres of land. 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 2'27 
 
 Under the supposition that this water could be stored and dealt out throughout 
 the year as might be necessary, it would furnish 3,074 cubic feet per second, and 
 would, according to my assumption, irrigate fully 490,000 acres, instead of 120,000 
 (omitting the wild grass lands, indefinite in extent) which are irrigated at the present 
 time. In other words, more than four times the present irrigated area might be 
 brought into the watered region with a corresponding increase in values and pro- 
 ductiveness. 
 
 As the How here given is only the average during six years, and is greatly in 
 excess in some months and deficient in others, the necessity for ample storage is 
 apparent. 
 
 The gagings of Fresno River for the same years show that in the period from 
 November to January, inclusive, the average flow is 66 cubic feet per second, which, 
 with a duty of l<!o acres per cubic foot per second, would serve during this period 
 10,560 acres. In the interval from February to April, inclusive, the average flow is 
 4S2 cubic feet per second, which, on the same basis, would serve 77,120 acres. From 
 May to June, inclusive, ['27 cubic feet per second, the average flow, supposing all 
 the water to be available, would provide for 20,320 acres. In the period from August 
 to October, inclusive, the flow is given as 3 cubic feet per second, which would irri- 
 gate only 480 acres. In the same way, as before explained, if the entire flow of the 
 river, which averages 160 cubic feet per second throughout the year, could be stored 
 and dealt out as required it would provide for 25,600 acres, instead of the average 
 of KUiiio acres, or an area over two and one-half times as great as is at present 
 irrigated. As in the case of the San Joaquin, the necessity for ample storage is 
 apparent. The irrigated region might well be extended in a direction southerly 
 and westerly from the town of Madera. 
 
 The records of the flow of Chowchilla Creek during the years 1878 to 1884 give 
 for the period from November to January, inclusive, a mean discharge of 44 cubic 
 feet per second, which, on our assumption, should provide for 7,040 acres during 
 that period. From February to April, inclusive, 456 cubic feet per second is the 
 mean flow, which should provide for 72,960 acres. From May to June, inclusive, 
 the mean flow of 118 cubic feet per second should provide for 18,880 acres, and from 
 August to October, inclusive, 2 cubic feet per second would provide for only 320 
 acres. By storing and regulating the supply as before described, about 24,640 acres 
 might be irrigated throughout the year instead of 5,000 or 6,000 acres during a few 
 months of each year, as now. 
 
 At present much of the freshet water of the Chowchilla is lost to irrigation by 
 being turned aside into Ash and Berenda and other sloughs in order to prevent the 
 destruction of the dams yet remaining intact. The advantages of storage and con- 
 tinuous supply in these cases seem very evident, and as the soil and topography of 
 these localities are peculiarly suited to irrigation the irrigable area might be largely 
 increased, probably by 15,000 acres. 
 
228 IKKIliATION IN\ l-.-n<i.\TliiNs IN r AI.1H 'KM A. 
 
 I'mlrr the assumption which I ha\e made, it is |M>ssiblc to increase, through 
 <>f flood waters, tin- irrigable lands on tin- stream- ntioned. us follow-: 
 
 l\MttiUf rstriutum iif irriyil"! "/"' ninlir Sun Jinn/nin nn.l /'/.*// ritert "i"l Chowek&a (Vrt. 
 
 Strvam. 
 
 PrcBcnt 
 area. 
 
 
 
 Acre*. 
 120,000 
 
 490,000 
 
 
 10,000 
 
 25,600 
 
 Chowchllla Ciwk 
 
 6,000 
 
 Jl.'.lil 
 
 Total 
 
 136,000 
 
 540, 240 
 
 
 
 
 Of course, in this computation we have tnken no account of the loss of water 
 from percolation into the soil, or by evaporation in storage reservoirs; but this would 
 he relatively small in amount. 
 
 APPROPEIATION AND DISTRIBUTION OF WATER. 
 
 The right to the use of wuter from streams in California may inhere in the 
 riparian proprietor or may be acquired by complying with the -tatute- of the Slate 
 for the appropriation of water. Kight- to rotor acquired under the civil. Spanish, 
 or Mexican laws before California came under the control of the I'nited State- un- 
 guaranteed and protected to the fullest extent Appropriations of water must lie for 
 a beneficial purpose. 
 
 The method of appropriating water as described in the statutes i- as follow-: 
 SBC. 1415. A person desiring to appropriate water must ]x>*t a imtiiv, in \vritiii).', in a ciinsiiiciioiis 
 pla< at the jwint of intended diversion, stating then-in: 
 
 (1) That he claim* the water then- flowing to the extent <>f U'iviny the iininlKTl inches mciiMiml 
 uixli-r a 4-inrti pressure. 
 
 (2) The pnrjiost' for which he claims it, and the |>l:in- of intended use. 
 
 (3) The means liy whicli he intends to divert it, and tliesi/euf tin' tliime, ditch, pi|ie, <>rit<|iieduct 
 in which he intend* to divert it. 
 
 A copy < 'f the notice ninst, within ten days after it is posted, Iv recorded in the "dice of the 
 recorder of the county in whicli it is posted. 
 
 In order to determine the amount of water "tiled on" and appropriated from 
 San Joaquin River, Fresno River, and Chowchilla Creek, respectively. I studied the 
 records <>f water claims tiled in the offices of the county recorders of Fresno. Madera, 
 and Merced counties, first having a>certined that those were the only counties in 
 which water for irrigation was claimed by appropriated from the-e >t reams; and 
 al>o made diligent inquiry among irrigators and old residents interested and well 
 informed as to irrigation matters. I found tilings on water made a- far back a- 1>..T. 
 These very early claims wen- usually for water to be used in mining and milling ore-. 
 and were made at jMiints in the mounlainou- regions around the sources of the San 
 Joaquin. ThcM- early records were often vc'i-y indefinite both as to the location of 
 claim- and the amount of water appropriated; but probably in the ordinary case the 
 water claimed was. after u.-e. turned iiaek into the -tream. It would have been 
 practical I v iinjHissible. however, at a later date for another per-on to decide upon 
 
 either the validity of the clai -the locality in which it wa- made, owing to the 
 
 looseness of the de-cription. 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 22'.' 
 
 In endeavoring to determine the amount of water appropriated on each of the 
 .streams under consideration, seven large volumes of water claims and one volume of 
 the records of the hoard of supervisors of Fresno County had to be carefully gone 
 over and, as far as possible, the streams, branches, tributaries, and claims identified. 
 In many cases forks, branches, and small tributaries were mentioned and water 
 claimed therefrom by persons whose names were unknown not only to the county 
 recorder and his deputies, but to the county surveyor and his predecessors in office 
 and even to the "oldest inhabitant" of the region supposed to be the locality 
 specified. Again, in the wording of the claim no statement would be found as to 
 whether the stream on which water was claimed was a tributary of the San Joaquin 
 or of sonic other river, and since the filing of the claim the name of the stream 
 might have been changed once, if not oftener. The miners and irrigators in the 
 early days gave fanciful and arbitrary names to streams, gulches, and valleys, which 
 later were changed and in time forgotten. 
 
 Another confusing feature was the fact that a great number of streams bore the 
 same name, as, for instance, a great favorite, Whisky Creek, and also Jackass Creek, 
 Bear Creek, Mill Creek, etc. Some of the streams bearing these names were tribu- 
 taries of the San Joaquin and others of Kings River. It was necessary to look up on 
 the map the section, township, and range in which the claim was located in order to 
 decide whether the stream named was a tributary of the San Joaquin or of some 
 other river. When, as was often the case, no section, township, or range was men- 
 tioned, it was practically impossible to locate the claim unless some natural object- 
 such as a ranch, bridge, or abandoned mine was mentioned which happened to be 
 known bv some person questioned by us. There were also numbers of claims on 
 streams which had at one time or another been tributaries of the San Joaquin, but 
 had since been diverted or had sunk into the sands to disappear before reaching the 
 main stream. It was necessary to look up these streams and ascertain by inquiry 
 whether any of their water, in times of flood, still reached the San Joaquin. 
 
 Many tributaries of this river on which claims were located did not appear at all 
 on maps of the county, and could be "run down" only by close inquiry among 
 miners, mountaineers, sheep men, and State forest or fish commissioners who were 
 familiar with the ground. Some claims on Minaret Creek had eluded our closest 
 scrutiny, and we had about decided to pass them as not belonging to the San Joaquin 
 when fortunately we met a fish commissioner who knew the locality and was able to 
 inform us that the creek in question was quite a bold stream and an undoubted 
 tributary. 
 
 The ignorance of standards of measurement of flowing water, even in cases of 
 corporations appropriating large amounts, was very evident and often disagreeably 
 prominent. Square inches and square feet of water were often claimed, as well as 
 "cubic inches" and "cubic feet" under a 4-inch pressure: and the powers of transla- 
 tion of the writer in endeavoring to interpret the real meaning of the appropriates 
 were often severely taxed. Again, claims to immense quantities of water, ridicu- 
 lously disproportionate to the means stated for diverting them, were a common 
 feature; and claims to "all the waters in the river" or to millions of miner's inches 
 were frequently encountered in the search of the records. 
 
 It was found to be practically impossible, except in the cases of the few existing 
 
_'.",ll IKKIi.Vrii'N 1N\ 1 -I I'-A THIN- IN ' ' \ I.I l-'< 'KM A. 
 
 anal-. t<> a-certain if the water claimed lia<l ever been used. Tin- writer can con 
 ceive of no more .litticull task for tin- -earcher of records than to trace and pa 
 UJMIII tlie validity of almost any of tlie older water claim.- tiled in these rountic- 
 (lurinjr the la>l thirty vear-. naturally the rc.-ult of the careless and indelinite -tatute 
 prescril'iiio; the form and method of appropriation. 
 
 In order to more dearly ,-how tin- loo.-enc and iiidctinitene.-.- iii claiming water. 
 herewith some extracts from (he record- in each of the three counties. 
 
 The following notice is an example of mdetinitene-s lioth as to quantity of water 
 claimed and of the locality in which it is to lie taken. It will lie seen al-o that no 
 mention i- made of the point win-re the water i- to he u-ed: 
 
 Mill I'rok, 'i Iriliiilnrii n/llii' .\nrlli /'"//' <( II,, .Vi .!,, /iiin. /*)/,./ .Inn, .'<>. 1878. 
 
 1 licrvliy tfivi- notiec that 1 claim L' fi-cl .if tin- waters of Mill Creek, same t.i lie measun-d under 
 4-inch pn-ssiire. Sai.l water to be used fur irrigation purposes. Said water to he diverted liy inean- 
 of a ditch, to IN- taken out <>l said Mill Creek at a |mint al>.nit lit yards above where the train fmin 
 Ridenhars to 11 m Mill Creek. 
 
 Another of these earlier claims i- as follow-: 
 
 l-'ort /// *F ./."/".-,. l>,ii,,l II,.- xtl, .Inn ,,f (I,-!,,!,,,: IS77. 
 
 Know all men wh-iiu it may emieern that 1. , of the alxivc-named Mate and enmity, 
 
 have this Stli ility of OetnU-r. 1877, appropriated and claimed all the water fur I mile lielnw .lohn 
 Hern's mill, nr In the extent .if "i.lKHI enliic inches, ineasnreil under a -1-ineh |m-s.snn'. UnwiiiK intn tin- 
 North Fork of the San .Ina.inin Hiver in Crane Valley, in said State ami comity, t" he n--d as stock 
 water and for ajiriciiltural purixises, to remain in its natural channel, alonj: with the privilege of divert.- 
 iiiK l,(XXIenlii<- inehi-s, measured under a t-ineh ]n-Ksiire, fmin said North Fork, at any |K.int most emi- 
 venient, within any (loin: from one-foiirlh tn 1 mile In-low John Hern's mill, in caid State and county 
 and valley, to IK- conducted from said channel by ditch and Hume of :! feet w ide and - feet deep. 
 
 rded 18th of October, 1S77, in I'mok A of Water Rights Ke.-..nU el Brand County, Cat.. 
 pagelL'l. 
 
 <;,,\,\ i,,il,-h, a Iriliiilnn/ "fl/i, Ni ./IKK/K/'H. 1M>'<! .'It/i 'In;/ ,,f Ajiril, 1X78. 
 
 Noli. -e is hereby (riven that we claim tlie waters of this stream and all its tributaries from thi 
 point up, to the amount of f),(XX) cubic inches of water, mi -a-ured under a 4-inch pressure, for minim.' 
 purposes. The original of this notice is posted on a white-oak tree on the south bank m' the north 
 fork of the stream of water known as Kine < -old (liulcli '!*. aKnit :; niiU-s northerly from the residence 
 of J. IJ., in Fresno County, Cal., and is located this L'Tth day of April, A. I'. Is7s. 
 
 If all the tributarie- of thi- stream are delinitely known in position on the ma]i 
 and in the country, and we know exactly what appropriators mean 1>\ 'culiic inches 
 of wati-r. mea-ufed under a 4-inch pres-ure: " and if there are no other white-oak 
 trees in that vicinity; or if the white-oak tree ha- not been cut down. Mown down 
 bv the wind, or struck ly lightning: and if " '' miles northerly from the residence of 
 ,}. H." mean.- e\a<-tly :'. miles in exactly a north direction: and if .1. 15. has not moved 
 away so lono au'o that he i- toro-otten. then we may regard this location a- a very 
 exact and definite one. Hut otherwise it would probably be very difficull to deter- 
 mine the jx)int where this a]i|iropriatioii wa- made, with a view of a-eertaiiiinj: 
 whether the water claimed was ai-ttially Used. And if we could not interview the 
 three appropriators. we might still l>e left in doubt a- t<i the amount of water claimed 
 
IRRIGATION FROM SAN JOAQUTN RIVER. 231 
 
 Xmilli /H-tiiii'/i i if A'r/ /we Creek. IM,-*I Mm-rli ;<i, /,V,S7. 
 
 Notice of location: Notice is hereby given that we, the undersigned persons, claim 400 inches of 
 the water of this creek, where this notice is posted, this creek l>eing one of the south branches of the 
 Kaiser Oreek. The water is to be taken out where this notice is posted and conveyed in a flume and 
 ditch to the side of the ridge next to Kaiser Creek, and used in hydraulic and " min." purposes, and 
 returned to it." original channel about 2 miles below. , 
 
 Dated at Kaiser Creek, Fresno County, Cal., March 29, 1881. 
 
 V. B. C. claims "The water of the San Joaquin River * * * to the extent of 51,840 cubic 
 inrlirs, under a 4-inch pressure." 
 
 San Joaquin River. Dated October SO, 1887. 
 
 Notice. Notice is hereby given that we claim the waters of the San Joaquin River to the extent 
 of a flow of 3,456,000 cubic inches under a pressure of 4 inches; that we intend to use said water for 
 irrigation, navigation, domestic, and manufacturing purposes; that we intend to use said water on 
 the east of the San Joaquin River and on the west of the foothills of the Sierra Nevada Mountains, 
 and in the counties of Fresno, Merced, and Stanislaus; that the course of the canal will be easterly 
 and northerly; that we intend to construct a canal of sufficient size and capacity, to be not less than 
 60 feet wide on the bottom, nor less than 75 feet wide on the top, and to be 7 feet deep, reckoning from 
 the grade to the top of the embankment. (The point of diversion of said water is on the right or east 
 bank of the San Joaquin River, at or near the end of a large slough, at or near where this notice is posted. ) 
 
 Fresno County, October 20, 1887. 
 
 Recorded November 4, 1887, in Book B of Water Rights Records of Fresno County, Cal., pages 
 50-51. 
 
 A. B. and J. B. claimed "500 inches, miner's measurement, under a 4-inch pres- 
 sure, or all of the waters of this Willow or North Fork Creek. * * * The point 
 at which we take the waters of said stream for the purposes aforesaid is about 20 feet 
 in a southeasterly direction from a certain yellow-pine tree marked B. D., on the 
 west bank of said stream, and on which this notice is posted, and about 14 feet in an 
 easterly direction from a certain white live-oak tree, also marked B. D. , on the west bank 
 of said stream." * * It is hoped that these trees are not situated in the forest, 
 
 and that they still remain standing, although probably the "B. D.'s" are now illegible. 
 
 Fifteen miners claim 250 feet of the water under a 4-inch pressure from the south 
 branch of the South Fork of the San Joaquin. Probably they knew what they meant 
 by 250 feet of water under a 4-inch pressure. But it is very doubtful if H. N. B. 
 did know exactly what he meant by claiming "4 square feet of the water of Whisky 
 Creek, measured under a 4-inch pressure." 
 
 On the Chowchilla Creek, 4,000 and 20,000 cubic inches, measured under a 4-inch 
 pressure, are claimed. 
 
 The K. C. A., and J. P. and W. M. propose to take out 5,000 miner's inches, 
 under a 4-inch pressure, from the San Joaquin River, or 100 feet of water; but to 
 make sure that they can transport this quantity, they propose to make a canal 150 
 feet wide and 6 feet deep, which, even with a velocity of 1 foot a second, would 
 transport !>()() cubic feet of water per second a large river in itself. 
 
 M. J. B. and R. B. propose to take 5,000 miner's inches of water from the San 
 Joaquin River and transport it in a ditch 2 feet on the bottom, 4 feet on top, and 8 
 deep, with a grade of 16 feet to the mile. As the area of cross section of the ditch 
 through which this 100 cubic feet of water per second must pass is only 9 square feet, 
 the water must have a velocity of more than 11 feet a second, and therefore M. ,1. B. 
 and R. B. should carefully line their ditch with cast iron, in order that it may not be 
 washed away at the tirst rush. 
 
I1IKIOATION INVESTIGATION-; IV r \ I.I | c >i;NrA. 
 
 These notices, taken at random from nearly I' n n-ronl. illustrate the discrep 
 
 ancics whirh arise in the practice of hydniulies. a> well a- the uncertainties of appro- 
 print iou> under the existing prescriptions in the .statutes. 
 
 SUMMARY. 
 
 The numlterof claims of water from the San Joaquin and its branches is 31(5. not 
 including those from Fresno River and Chowchilla Creek. 
 
 "All water (lowing in the San .l<>a<|ii'm River" is elaii 1 in so many words by 
 
 different persons six times, in addition to a total of jr,1.7'.l cubic feet, omitting all 
 reappropriations. "All the flow" in many of the hranehes and forks of the San 
 Joaquin as claimed over and over again: :t-. for example. Big Sandy, Whisky 
 Creek, and Stevenson Creek. 
 
 The greatest flood flow, for even a short time, of the San .loai|u'm River, according 
 to gagings during eight and one-half years by William Hammond Hall and .1. B. 
 Lippincott. is .V.i. MM) cubic feet ]ier second, and therefore the claims of water above 
 given are nearlv eight times the greatest tlo<Kl How of the river during this eight and 
 one-half vears specitied. and are 17i' times the average flow per second. L'.i'iSU cubic 
 feet, during the period mentioned. Of course, we mu>t add t<> this total the .sixfold 
 claim of "all water of the river." A- the water of the San Joaquin is not in the 
 condition of an elastic vapor, one experiences great dillicully in understanding how 
 all these claims could be satisfied. 
 
 On Fresno Riverand its tributaries ."><> claims of water have been made. Besides 
 f70,7'.l! miner's inches, or l:'..4Ki cubic feet per second, filed on. "all the water of 
 Fresno River" was in addition claimed once. In live instances the quantity was nut 
 mentioned, and might have been anything from 1 miner's inch to the entire stream: 
 and in another instance "enough water" wa- claimed, and only specified by the 
 dimensions of the flume, namely, a flume :',o fed wide. I feet deep, and having a fall 
 of 5 feet per mile, evidently carrying a generous quantity of water, which would 
 have left comparatively little to other appropriating even in Hood season. 
 
 The waters of Coarse (iold ( iuldi. one of the tributaries of the Fresno River, 
 were separately claimed three times over, in addition to L'.-'IOK miner's inches, or .">o 
 cubic feet jM-r second. This being a small stream, dry at certain seasons of the year. 
 the writer believes that some of the claimants must occasionally lie disappointed. 
 
 Hall's record for the greatest mean rate of monthly discharge of Fresno River, 
 during six years' observation, gives | .>:-',;> cubic feet per second, and therefore the 
 quantity of water claimed, in addition to "all the water of the river." is eight times 
 this greatest mean llov\ per second, and is eighty times its mean yearly discharge. 
 160 cubic feet per second. 
 
 For the waters of Chowchilla Creek It claims have been made, aggregating 
 31,008 oum'c feet per second, plus two claims for quantities not given. The gagings of 
 Chowchilla by William Hammond Hall during the six conseciitiv e years before spec! 
 fied gave the greatest Hood water of this stream during that period as 1 0.7711 cubic feet 
 per second. Therefore, on this stream three times the amount of its greatest recorded 
 flood llovv per second has IK-CD claimed, or L'ol times the annual uniform flow of the 
 creek, which was l.V_' cubic feet per second. 
 
 Of the total number of claims to water from the San Joaquin and its branches. 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 
 
 233 
 
 omitting those from Fresno River and Chowchilla Creek, at least 115 of the total 
 number (316) are so indefinitely described as to the point of appropriation or diver- 
 sion that it would be exceedingly difficult, if not impossible, to determine that point. 
 None refer to section, township, or range of the Government survey, and we find 
 them usually oriented by means of natural objects, as trees, bowlders, ranch houses, 
 etc., which may have disappeared, been destroyed, or have changed owners. 
 
 Of the total number of claims to water from Fresno River and its branches, 
 namely, 50, 21 are indefinite, as before described in the case of San Joaquin River, 
 and for similar reasons. 
 
 Of the 15 claims to water from Chowcnilla Creek, 3 are very defective, 2 being 
 practically unrecognizable as to locality. 
 
 Besides those just mentioned, there were locations on 11 streams or lakes which 
 I found impossible to identify. The claims amounted to 152,750 miner's inches, 
 besides two quantities not given, and one claim to " all the water of Kelloggs Creek." 
 After diligent and long-continued search in every quarter holding out any promise 
 of information and how careful that search was has already been indicated in 
 describing our methods the identification of these claims and streams was of neces- 
 sity abandoned. 
 
 All the canal and irrigation companies taking water from San Joaquin River, 
 Fresno River, or Chowchilla Creek, with probably the exception of the San Joaquin 
 and Kings River Canal and Irrigation Company, claim vested riparian rights. Also, 
 numerous individuals, riparian to one or more of these streams, make similar claims. 
 None of these, so far as the writer could ascertain, has been adjudicated; and in 
 consequence it is practically impossible to state their exact amount. 
 
 The following table sums up the claims on San Joaquin River and its tributaries 
 so far as they are for definite amounts: 
 
 Definite claims to water from San Joaquin River and tributaries. 
 
 Name of stream. 
 
 Number 
 ofciaims. 
 
 Amount 
 claimed. 
 
 Name of stream. 
 
 Number 
 ofciaims. 
 
 Amount 
 claimed. 
 
 
 70 
 
 Inches. 
 
 28,244,420 
 
 
 1 
 
 Incites. 
 12 
 
 North Fork 
 
 67 
 
 4, 432, 700 
 
 Minaret Creek 
 
 3 
 
 3 300 
 
 Little North Fork 
 
 6 
 
 41 000 
 
 Slink Rock Creek 
 
 1 
 
 500 
 
 First North Fork 
 
 4 
 
 18,000 
 
 
 1 
 
 1 000 
 
 South Fork 
 
 I 
 
 13, 932 
 
 
 1 
 
 1 000 
 
 
 12 
 
 2, 550, 400 
 
 Mill Creek . ... 
 
 1 
 
 4 000 
 
 
 12 
 
 83,700 
 
 First Clipper Mill Creek 
 
 2 
 
 6,500 
 
 Fine Gold Gnlcli 
 
 12 
 
 38,800 
 
 Second Clipper Mill Creek 
 
 1 
 
 5,000 
 
 
 1 
 
 3,550 
 
 
 1 
 
 1 000 
 
 Whisky Creek 
 
 20 
 
 10,900 
 
 
 1 
 
 100 
 
 
 9 
 
 15,000 
 
 Bear Creek 
 
 1 
 
 800 
 
 Big Creek 
 
 9 
 
 252,775 
 
 North Branch Creek 
 
 1 
 
 300 
 
 
 9 
 
 300 
 
 Rock Creek 
 
 1 
 
 400 
 
 
 16 
 
 17,700 
 
 
 1 
 
 200 
 
 Little Dry Creek . 
 
 1 
 
 1,500 
 
 Sockanew Creek 
 
 1 
 
 100 
 
 
 7 
 
 159, 440 
 
 Fresno River and tributaries 
 
 41 
 
 649 576 
 
 
 
 
 
 
 
 Pitman Creek 
 
 3 
 
 12,500 
 
 
 
 
 Winchell Gulch 
 
 1 
 
 1 000 
 
 
 
 
 
 
 
 
 
 
 NOTE. It was found impossible to make exact grouping of streams, but those given are approximately correct. 
 
284 IRKKiATloN IN\ K-TK i ATlnNS IN CAM Koi; N I A. 
 
 EVOLUTION OF WATER LAWS IN CALIFORNIA. 
 
 A- Mated before, the history of irrigation in ( 'alifornia began, from a legal .-.land- 
 point, with the coming of the gold seekers in ists. Previous to tliat time the mis- 
 sion fathers had cultivated their vineyard- and orchard-. u-ing aqueducts and small 
 -\ -telils of tirtiticiill irrigation modeled on the method of Mexico and Spain; luit xery 
 little water had actually been u-ed and no occasion for dispute or necessity for local 
 law- had ari-cn. 
 
 But with the coming of the miner- and the location of their mining claim- water 
 for their working l>ccame an imperative ncce it\ . and often the water acquired had 
 to be conveyed by means of ditches and Humes. Tin- necessity for laws to regulate 
 the-e appropriations of water was evident. Kadi locality adopted its own simple 
 rules, b:iscd on common sen-e and justice, and. a- In-fore stated, tho.-e of the differ 
 ent mining district-, however widel\ -eparatcd. were practically identical. The 
 lands being a part of the public domain of the I'nitcd Slates, the first appropriator 
 wa- held to have, within certain well-detined limit-, a better right than other- to tin- 
 claim he had taken up. and this rule was also applied to the water neee-.sirv to the 
 working of the claim. The tirst appropriator of water to be conveyed to a locality 
 for mining or other beneficial purposes wa- recogni/ed a- having, to the extent of 
 actual use, the better right. The doctrine of the common law re-pert ing the rights 
 of riparian owner- wa- not considered applicable, or. at mo-t. only in a very slight 
 degree, to the conditions of miners. 
 
 In 1851 the State legi-latuiv of ( 'alifornia enacted a law sanctioning the mining 
 customs" when not in conflict with the constitution and laws of the State-. This 
 enactment wa- based upon a new principle governing tin- rights to water in the 
 I'nited States, the principle of priority of appropriation or of the lir-t appropriator 
 being tirst in right. 
 
 Rut in iSoO the legislature had adopted the common law of Kngland when not in 
 conflict with the Constitution of the United States or the constitution of ('alifornia. 
 Thus there were established in the Stale two distinct systems or rule- of law govern 
 ing the use of water, one having its foundation in the equal right of all riparian 
 owners to the flow of the -tream. without material diminution in quantity or altera- 
 tion in quality, regardless of any priority, and the other having for it- ba.-is the law 
 of priority of appropriation and use. without any ownership of the -oil being nee 
 c ary. and without any obligation on the part of the owners to turn the water thus 
 diverted back into the natural course of the stream. 
 
 The law of riparian rights, brought over from Kngland. a nonirrigating country, 
 and embodied in our common law. has l>een greatly niodilied in it- application. The 
 right of the riparian owner to have the water- of the stream flow pa-t hi- lands 
 "unpolluted and nndiiniiii-hed in volume" has been encroached upon by the nece ity 
 of other riparian owner- to use water for irrigation: and the question. Shall irrigation 
 be considered an artificial or a natural use of water; has been an-weivd by the court-. 
 The courts hold that the circum-tanees of the ca-e should decide the question. In a 
 country when- irrigation is a necessity, a- in California, irrigation is a natural and 
 reasonable use of water: and riparian owner- are entitled to ti.-e the water- flowing 
 
IRRIGATION FROM *AN JOAQUIN RIVER. 235 
 
 past their lands for that purpose within reasonable limits. Rights acquired under 
 the civil, Spanish, and Mexican laws before California was transferred to the United 
 States were also by treaty and statute fully protected. 
 
 STATUTORY LAWS RELATING TO WATER RIGHTS. 
 
 On the 1st of January, 1873, the civil code of California went into effect. Among 
 its provisions are the following for the acquisition of water rights: 
 
 SEC. 1410. The right to the use of running water flowing in a river or stream or down a canyon 
 or ravine may be acquired by appropriation. 
 
 SEC. 1411. The appropriation must be for some useful or beneficial purpose, and when the 
 appropriator or his successor in interest ceases to use it for such a purpose the right ceases. 
 
 * ***** * 
 
 SEC. 1414. As between appropriators the one first in time is the first in right. 
 SEC. 1415. A person desiring to appropriate water must post a notice in writing in a conspicuous 
 place at the point of intended diversion, stating therein: 
 
 ( 1 ) That lie claims the water there flowing to the extent of (giving the number) inches, measured 
 under a four-inch pressure. 
 
 (2) The purpose for which he claims it. and the place of intended use. 
 
 (3) The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct 
 in which he intends to divert it. 
 
 A copy of the notice must, within ten days after it is posted, be recorded in the office of the 
 recorder of the county in which it is posted. 
 
 It will be observed that the particular form of notice is not prescribed. The 
 courts have decided that the notice need merely be sufficient to give any intelligent 
 man proper warning, and its language must be liberally construed. 
 
 Due diligence in diverting the. water and completing the works after the posting 
 of the notice is required by law, and neglect to comply with this regulation brings 
 forfeiture as against a .subsequent claimant who has complied with the law. 
 
 RIGHTS OF RIPARIAN PROPRIETORS. 
 
 In the civil code it was provided, by section 1422, that "The rights of riparian 
 proprietors are not affected by the provisions of this title. 1 " This section was repealed 
 I >v the legislature in 1887, with a proviso. Sections 1 and 2 of the repealing act read, 
 in part, as follows: 
 
 SEC. 1. Section 1422 (describing) is hereby repealed; provided that the repeal of this section shall 
 not in any way interfere with any rights already vested. 
 
 Sue. '2. This act shall take effect from and after its passage. 
 
 Although this repealing statute seemed to be, at the time of its passage, positive 
 and definite in its intention to absolutely abolish the riparian law, yet it has been held 
 by the courts to in no wise affect the riparian rights of private lands, and to apply 
 only to the public lands and their waters belonging to the United States. 
 
 With the exception of the act repealing the law of riparian rights, the statutory 
 enactments previously given simply embody the principles and practice in the matter 
 of water rights previously recognized in the State. 
 
_'."', IRKIi.AIK'N l\\ 1 -I K. \ TIoNs IN ( A I.I Kolt X I A. 
 
 THE WRIGHT DISTRICT LAW. 
 In 1KS7 the now famous "Wright law." so called. u:i- enacted. It a- entitled 
 
 "An ;u-t to provide tor the organization and government of Irrigation districts ami 
 
 to provide for tin- af(|iiisilion of water and other property, and for tin 1 di-t riluition 
 of water thereby for irrigation purposes." 
 
 It- passage grew out of a desire to end the interminable litigation arising between 
 the appropriation of water fur benelicial purpose-, on the one hand, and thr riparian 
 owners, holding rights acquired before the repeal of the riparian law, as before 
 explained, on the other. This litigation had threatened the life of irrigation in Cali- 
 fornia, and it was generally felt that a decisive step must be taken in the right 
 direction. 
 
 This law provides for and authori/es the formation of public cor|x>ratioiis called 
 " irrigation districts." 
 
 Section 1 provides that 50, or a majority of the holders of title to lands >uscepti- 
 ble of irrigation from a common source' and by the same -\-teni of work-, mav or>;:iii 
 i/e an irrigation district under the provisions of this act. 
 
 Section ^ provides the manner in which the district shall l>e organi/ed. naineh . 
 by petition to the board of supervisor- and the filing of a sufficient bond in double 
 the amount of the probable cost of organizing the district. The board of supervisors 
 mav exclude from the proposed district any lands which will not be benefited bv it- 
 formation. The matter shall then IK' voted on by the people at an election held for 
 that purpose and conducted as nearly:!- practicable in accordance with the general 
 laws of the State. A two-thirds vote in favor of the formation of the district is 
 necessary to authorize it. 
 
 Sections 3 to 11, inclusive, relate to the election of officers and their duties. 
 
 Section 12 confers authority upon the Iniardof directors of the district to acquire 
 
 by purchase or condemnation, or other legal means, all rights ainl water righto and other ]>rn|MTty 
 i ic -re-wary. * * * In case of purchase, tin- Kmdc of the district hereinafter provided fur m:iy lie 
 used at thi-ir par value in payment, and in ru*e of condemnation the lx>:ircl .-hall nroccc<! in the name 
 of the district according to the laws of the State provided in such eiisen. The use of water required in 
 any irrigation district, together with the ri^lit of way for canals and dilche-. sites for n--crvoirs. and 
 all other property is hereby declare! to !H- a pul.Ii. 
 
 lion l:j provides that the legal title to all property acquired under this act 
 shall immediately vest in such irrigation district, and shall lie held by MK-lt,di-trict 
 in trust. 
 
 Section 15 provides for the issuance of Itonds to raise money for construction. 
 provides for special election- on the question, for t lie method of payment of the bond-, 
 and for special assessments when the sale of the bond- fails to furnish -iillieient money 
 to complete the work. 
 
 Section 17 provides that the bonds and their interest shall be paid by mean- of 
 an annual assessment IIJMMI the real property of the district, such assessment to be a 
 preferred lien. 
 
 Section 34 provides for the jniyment and redemption of the bonds. 
 
 ions I',;") and :'<'. provide for bid- for the construction of the irrigation works 
 and for the payment of said work. 
 
IRRIGATION FROM SAN .TOAQUIN RIVER. 237 
 
 Section -iS provides for the apportionment of water pro rata in case of deficiency. 
 
 Section 45 specially provides that the navigation shall not be impaired by the 
 operation of this act, nor shall any vested rights already existing in water used for 
 mining purposes be disturbed. 
 
 Section 4*! provides that none of the provisions of this act shall repeal or in any 
 wise modify the provisions of any other act relating to the subject of irrigation or 
 water commissioners; nor shall any private property be taken or injured without 
 compensation. 
 
 A number of supplementary acts have been passed since the enactment of the 
 law, modifying or strengthening certain portions of the act. 
 
 This law has been repeatedly attacked in the courts of the State, and at every 
 assailable point, but has, without exception, been held to be constitutional by the 
 supreme court of the State. It has also been carried into the United States courts, 
 and although declared unconstitutional in a decision by United States Circuit Judge 
 K. M. Ross, was subsequently upheld by the Supreme Court of the United States on 
 the points involved. 
 
 A large number of irrigation districts have been organized in the State, and 
 many of them, particularly in southern California and in Kern and Tulare counties, 
 have been successful; but others have been at least financial failures. It would seem 
 to the writer that the lack of success in these instances was not due to defects in the 
 law, nor to the difficult engineering problems involved, but to bad financial and 
 executive management. In some instances where districts have been organized and 
 bonds issued, interest is long overdue and irrigation works have not been as yet con- 
 structed, or at least completed. The farmers in the district are assessed when no 
 benefits are immediately derived. Default in payment of interest and expenses has 
 resulted, and the financial state of the irrigation districts is in a chaotic condition. 
 Such outcome, as the writer believes, is much to be regretted, as, with skillful man- 
 agement, under naturally favorable circumstances, the irrigation-district system 
 ought always to be successful. It involves the idea of local self-government, con- 
 trol, and taxation, and disposition of the taxes received, and, further, retains for the 
 use and benefit of the farmers in the immediate locality the waters which otherwise 
 might be diverted to remote districts. 
 
 LITIGATION OVER WATER RIGHTS ON SAN JOAQUIN AND FRESNO RIVERS 
 
 AND CHOWCHILLA CREEK. 
 
 IN THE SUPERIOR COURT OF FRESNO COUNTY. 
 
 As compared with other rivers in the State, there has been very little litigation 
 growing out of disputes over water rights in these rivers; and the cases that have 
 occurred are scattered over a number of years. In many of the cases the disputes 
 arose over a construction of the rights of riparian owners, as opposed to those of 
 appropriators. No adjudication of the water rights of any of the canal or irrigation 
 companies taking water from any one of these streams has been had. 
 
 The first case of any interest is that of Wm. Howard et al. v. John G. Stitt, No. 
 522, Fresno County. The complaint recites that Fresno River flows over and through 
 a certain section, township, and range; and that for many years previously the 
 
IRRIGATION IN\ l-i:<- \I1.-N- IN i \ I. II >KNIA. 
 
 grantor of plaintiff- appropriated fnr irrigation pur|M.-e- tin- water- of -aid river to 
 tin- amount of 17,8(X) indies, and that -aid water ha- since been used to irrigate tin- 
 lands of plitintitrs and others. 'I'hi.- i-laim is lia-rd on prior appropriation, and also 
 on rijMirian right-. Tin- >p-citic coiiiplaint against defendant is that he is building a 
 canal to take water from the river above the point of diversion of plaintiff*, and will 
 therehy reduce or entirely cut oil their .supply, and an injunction is prayed for. 
 Although this action was begun some -eventeen years ago. subsequent proceedings 
 ha\e not leen taken, and the artion still remains in the. lower court. 
 
 In lss'.an action WU brought to c-tablish the validity of the organi/ation of 
 the Madera irrigation district and of its bonds. The right to appropriate water 
 from the river i- not questioned only the lenity of the district organization. The 
 principal opponents of the district were ri|mri:in owner-. >iu -h as Miller ^ Lux. 
 (ieorgc D. Hli-s. the California 1'a-toral and Agricultural Company, the Siena Yi-ta 
 Vineyard Company, and others. The action was decided by the local court in favor 
 of the district. An ap|>eal was taken to the supreme court of the State. The di- 
 trict. however, while the matter was pending in the supreme court, confc.-.-ed ei-ror. 
 and the order of the trial court was thereupon reversed. 
 
 The ca-e of Chapin /-. Albert Brown et al.. No. ti'T'J. brings in the matter of 
 conflict Iwtween riparian rights and rights by appropriation. 1'laintill averred that 
 Whi.-ky Creek flowed over and through his lands, and that he used the water- of 
 said creek for irrigation and domestic pur|K>ses. This complaint clearly set up 
 riparian rights. The plaintiff complained that defendants intended to divert tin- 
 waters of said creek by means of a dam to be built above plaint ill's land, by reason 
 of which plaintiff's water would be nil off or reduced greatly in amount, and he 
 prayed for an injunction. Defendant- answered that they also owned certain lands 
 bordering on said stream, and moreover, that they had appropriated certain waters 
 of said creek pursuant to law. and had prosecuted diligently the construction of irri- 
 gation works, thu- making their claim both on riparian rights and appropriation and 
 use. In this case the law of riparian rights was upheld by the trial court. The 
 defendants having been unable to show that the water they proposed to divert was 
 to be used on riparian lands, judgment was entered in fa\or of the plaintiff. An 
 appeal was taken to the supreme court, which reversed the judgment and remanded 
 the cause fora new trial. The rcinittitur was tiled in IS'.M. No further action ha- 
 IM-CH taken since then. This case i> a good illustration of the conflict arising 
 iH-tween existing riparian rights and rights by appropriation and u-e. 
 
 The ca-e of ,lee B. Ho-s /-. .lame- La wson ( NO. t821), brought in 1M'4. involved 
 the (jiiestion of |n-iority of rijfht by appropriation. Plaintiff claimed all the \\ater- 
 of Siekanew Creek by appropriation and use; defendant claimed >o inehe- of -aid 
 water by appropriation and use for live years before the commencement of the suit. 
 Judgment \\a- rendered for the defendant. 
 
 In l s '.'l Miller \ Lux. a corporation, brought a suit ayain-t the Kre-no Klume 
 and Irrigation Companv (No. s.'^i'). praying for an injunction to prevent defendant- 
 from diverting the \\ater- of Mill Creek and its tributaries. Plaintiff averred that it 
 
 owned land in the count i f l-'n--m> and Madera, aggregating some isti.Too acre-. 
 
 situated along and Inu'dering on San .loaijuin Uiver. and certain sloughs adjacent 
 thereto, anil claimed the waters of -aid -tream- iifce ary for the irrigation and cul 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 
 
 tivation of said lands by virtue of riparian ownership and usage for twenty years. 
 Thev stated that defendants proposed to dam Stevenson Creek and Mill Creek, and to 
 divert the waters of said streams from their natural channels, thus preventing them 
 from flowing into San Joaquin River, as they naturally would do, at a point above 
 the land of plaintiff. This suit involved questions of the right of appropriates to 
 take from a stream flowing past riparian lands, by interfering with any tributary 
 flowing into the stream above the land of the riparian owner. Other minor questions 
 were also involved. The ease has not come to trial, the defendants having as yet not 
 tiled an answer. 
 
 In March, l.s'.c.t. Miller & Lux, a corporation, and the San Joaquin and Kings 
 River Canal and Irrigation Company, filed a complaint against the Enterprise Canal 
 and Land Company et al. (No. 863>), claiming that Miller & Lux were the owners of 
 certain tracts of land bordering on San Joaquin River and its branches, and that they 
 had owned said lands for twenty years past, and that said lands were irrigated and 
 cultivated by means of the waters of said stream. They set up, then, claim as riparian 
 owners. To make this claim more decided they went further, and stated that a great 
 part of these lands (being in fact the wild grass lands) had been overflowed yearly 
 l>v the flood waters of said stream, thus being rendered exceeding!}' fertile without 
 need of artificial irrigation. That under their claim and right as riparian owners and 
 appropriate, plaintiffs had constructed and used numerous canals and branches 
 leading out of said river. The San Joaquin and Kings River Canal and Irrigation 
 Company also claimed right to waters taken out of said river in its canal system, by 
 appropriation and usage for twenty-five years past. Plaintiffs claimed that their 
 canals could be easily supplied only by water from San Joaquin River, and that the 
 lands irrigated the rely could be irrigated only from that stream, and claimed the 
 right, by appropriation and usage, to take from said stream 3,350 cubic feet per 
 second of the, water there flowing, and claimed that defendants had no right to take 
 any water from the river until plaintiff's' claim had been satisfied. Then returning to 
 its claim as a riparian owner, to have certain lands overflowed by the flood waters of 
 the stream plaintiffs denied the right of defendants to diminish the flow of the river 
 by the diversion of water, thus preventing this flooding which was beneficial to 
 plaintiffs' lands, and which occurred yearly if the stream was allowed to take its 
 natural flow of water past and over plaintiffs' lands. Having thus set up their rights, 
 plaintiffs stated that some time during the year 1898 the defendant Enterprise Canal 
 and Land Company, constructed a large canal or. ditch above the lands of plaintiffs 
 for the purpose of taking water from San Joaquin River, and known as the Enter- 
 prise Canal and Land Company's Canal, and that in March, 1899, the defendant 
 actually diverted through said ditch a part of the flow of San Joaquin River, which 
 water rightfully belonged to plaintiffs; and, further, that the water thus taken was to 
 be used in the irrigation of lands not riparian to San Joaquin River. Plaintiffs 
 prayed for an injunction staying defendant from taking said water. 
 
 In answer to this lengthy complaint the defendant Enterprise Canal and Land 
 Company, except through a general denial of all the allegations of the complaint, did 
 not denv the riparian rights of the plaintiff's to a reasonable use of the waters of San 
 Joaquin River, but principally based its claim upon the right of outside parties to 
 appropriate water of a stream not covered by claims of other companies or iudi- 
 
_'4I> IRKKJAT10N IN\ K>THi.\ I IN> IN i \ I.I ! '< 'UMA. 
 
 vidual-. Ami here it raised :i question of fact, denying that tin- plaintiffs. .Miller \ 
 Lux. ami tin- San Joaquin and Kings River Canal and Irrigation Company, had at 
 any times diverted or used ll.ooo cuhic feet of water per second from said river, or 
 any amount in excess of 4Ni ruhir feet of water per second, and denied the right of 
 plaintiffs to divert more than JM> cubic feet of water per second: and further alleged 
 tlia' there wa- at all times flowing in >an JoMJoin Kiver water greatly in execs, of 
 thi- am. 'lint, and Mltiicient to enahle lioth plaintiffs and defendant to take out all (lie 
 water rightfully l>elonging to them. It admitted that it did construct said ditch or 
 canal, and did divert water through it, but declareil that it had a right to d<> -o. there 
 being in the river water in excess of the amount rightfully belonging to plaintiff.-. 
 Of course the question of the amount of water rightfully to IK' claimed by either 
 party was largely to he answered liy evidence. The plaint itf>. as prior appropriator.-. 
 were of eour-e entitled to the full umoiint of water they had claimed and actualK 
 used; but if there had been water in ex. e~- ( .f thi> amount it would seem that a later 
 appropriator would have the right t<> take that BXC6M. Hut there, again, the 
 riparian rights of the plaintiffs came in and complicated the matter. Would the 
 taking out. through a canal above the land- of the plaintiffs, of these waters, have 
 so diminished the stream as to interfere with plaintiffs' riparian rights; Thi- would 
 also seem to be a question to be answered by the evidence. But the matter of the 
 construction of the law came in on their claim to have their lands Hooded yearly by 
 the surplus water of the river, without interference by other parties; and it was this 
 claim that the defendant most strongly contested. 
 
 It further asserted that plaintiffs, as canal owners and irrigation companies, had 
 no right to engage in farming and cultivation of the soil, using thereon the waters 
 taken from the San .Joaquin through their canals. It further averred that the dam 
 of the San Joaquin and Kings River Canal and Irrigation Company between the mouth 
 of San Joaquin Kiver and Sycamore Point was a nuisance, and obstructed navigation. 
 Defendant claimed the right to divert r>oo.(M.o cubic inches of water, measured under 
 a 4-inch pressure, and also to receive into its canal or ditch all the overflow water of 
 the San Joaquin claimed by the plaintiffs as riparian to their hinds. As will be seen. 
 this was a very inqx>rtaiit suit, embracing a large number of perplexing quest ions; 
 vet. withdrawing the case from its side issues, it resolved itself into a conflict between 
 certain riparian proprietors protesting againtri any diminution of the stream on which 
 their lands were situated, and claiming also as appropriators and actual users of tin- 
 water, and another appropriator who claimed the right to construct a canal and 
 take water from the stream at a point above the lands of the riparian o\\ ncr>. said 
 water to be used for the irrigation and reclamation of land.- which probably could not 
 beotherwi.se irrigated, but which were not riparian 'ands. The riparian owners and 
 tir-t appropriators claimed that their necessities and rights cover the normal flow of 
 the stream. The second appropriators claimed that they did not. The riparian 
 owners and appropriators claimed that thft 'overflowing of their lands by the flood 
 waters of the stream was a part of their riparian rights. The second appropriator 
 claimed his right to divert all this flood water into his ditch, to be carried on to certain 
 other lands, there to be used for irrigation. Another defendant sued herein. .Idler 
 son James, -et up a similar defense, but in addition claimed riparian rights on 
 
 nn Slough, a natural water course (lowing into the San Joaquin. A complaint 
 
IRRIGATION FROM SAN JOAQUIN BIVKR. 241 
 
 in intervention was also tiled by one Mowrey, claiming riparian rights on the San 
 Joaquin, through Fresno Slough and other branches, declaring that if the overflow 
 waters of the San Joaquin were diverted into the ditch of the Enterprise Canal and 
 Land Company his lands would -suffer thereby, through not being annually over- 
 flowed; and further, that any diversion of water from the San Joaquin by defendant 
 would so reduce the flow of the river as to deprive intervenor of water to which he 
 was entitled for the irrigation of his land. This very important suit came up for 
 trial and was submitted on briefs April 10, 1900. The court rendered its decision 
 August 1, 1900, -the substance of which is as follows: 
 
 In an action where the plaintiff claims that his rights have been or are likely to be invaded by 
 some unlawful act on the part of defendants it is first necessary for the plaintiff to show that he has 
 the right which he claims to have, and that by the unlawful act of the defendant he has been or is 
 likely to be deprived of those rights. The evidence shows that the plaintiff, the San Joaquin and 
 Kings River Canal and Irrigation Company, has been diverting water from San Joaquin River by 
 11 leans of a dam thrown across the river. The question, then, presented is, Can anybody ever acquire 
 any right to divert water by means of a dam or otherwise out of a navigable stream? It is recognized 
 as a fundamental principle that no one has the right to do anything which will in any way destroy 
 the navigability of any stream. It is my opinion that said company has not acquired any right, by 
 prescription or otherwise, to divert any water from San Joaquin River, and that, having no right, it can 
 not ask the court to prevent some one else from interfering with that which it never possessed, to wit, 
 the right to divert water from San Joaquin River. It is contended by the plaintiff that this question 
 can not be raised in an issue between private parties. It is not an issue raised between the parties in 
 this action, but it is the failure of proof on the part of the plaintiff, said company, to show that ita 
 rights have been or are likely to be invaded by defendant in this action, as it has failed to show that 
 it ever had the right to appropriate wa.ter from San Joaquin River. The act of the plaintiff, said 
 rnmpany, being unlawful from its inception, it can not found a right on an unlawful act, and I am 
 (if the opinion that the plaintiff, the San Joaquin and Kings River Canal and Irrigation Company, 
 is not entitled to recover in this action for any acts complained of on the part of defendants. The 
 plaintiff, Miller & Lux, a corporation, also complains of the defendant in this action for diverting and 
 threatening to divert the water from San Joaquin River at a point above its lands, which it claims are 
 riparian to said river. The evidence and the stipulation of the parties show that Miller & Lux have 
 large bodies of land which are riparian to said river; and the evidence shows that the defendants 
 have diverted and intend to divert the waters of said river at a point above said land. The defendants 
 claim that the lands of James, one of the defendants, are riparian to the said river, and are above the 
 lands of Miller & Lux, and that the defendants, therefore, have the right to divert sufficient water to 
 irrigate their riparian lands. The evidence shows that the lands claimed to be riparian lie on what is 
 known as Fresno Slough, which is claimed by defendants to be a part of the San Joaquin River; but 
 the evidence shows that it is no part of said river; that it is a channel made from the overflow from 
 Kings River during the flood times, and that none of the lands of defendant James are riparian to 
 the San Joaquin River. It follows, then, that the contention of the defendant must fail on that point. 
 The evidence in this case is insufficient to enable me to say at what stage of the water the defendants 
 may divert water from the river without injury to Miller & Lux. When there is an invasion of any 
 right the presumption of law is that a,n injury has been done, and it devolves upon the defendant to 
 show that by the acts complained of plaintiff has not suffered and will not surfer any injury. In this 
 case there is no question but that the diversion of water from San Joaquin River by defendants has 
 done injury, and it follows that the defendants in this action must show that no injury can accrue to the 
 plaintiffs, Miller & Lux, or to the intervenor, J. J. Mowrey. The defendants having failed to establish 
 that fact, I am of the opinion that Miller & Lux are entitled to a judgment of a perpetual injunction 
 against the defendants in this case; and this applies also to the intervenor, Mowrey, and to the San 
 Joaquin and Kings River Canal and Irrigation Company, in so far as its rights as a riparian owner are 
 concerned in this action. It is therefore ordered that judgment in this case be entered 
 
 (1) That the plaintiff, the San Joaquin and Kings River Canal and Irrigation Company, take 
 
 23856 No. 10001 1 
 
_'_' IKKIUATluN IN\ K-Th. \ TlnN- IN , M.IKciUNIA. 
 
 nothing liy its art ii Hi in wi far n> its i-laim of riirht liy n-uwui "f diversion of water from Sin .l 
 IJixi-r is riiiiivrniil; ami 
 
 That juilfiniriit in favor of Milli-r ,V l.nx, an<l inlcrvciior Mown-y. In- rntcrr.l against 
 ilrfcmlants. enjoining them from diverting any water out of tin- San .loaoiiin Kivi-r; anil 
 
 (3) That jmlniiifiit IK- cntiTi-.l in favor .>f tin- San . I. >ai|iiin anil Kin;~ Kivcr Canal ami lrriL r aUn 
 t'oni|-any. in tt far a.- its ri-rhl as a riparian OWIHT in this artion is conn-riml, I'lijoiniiiL 1 i-arh ami all 
 of the -li'tVmiant.s from ilivertiin: any water out of San .to.i.|iiin Itiver. 
 
 (4) That caeli party pay it.- o\\ n .-..-Is incurred herein. 
 
 AII act of Congress of tin- year I V.' make- it unlawful to build any ilam or weir, 
 or any other structure which .-hall interfere with navigation. across yr in a navigable 
 river miles- the permission of the Secretary of War he litst obtained. The plaintill' 
 in this case, the San Joaquin and Kings Hi\-r Canal and Irrigation Company, dnl 
 construct a weir acros- San .loaquin Kiver just In-low Fresno Slouch in the vear l.v.ts. 
 and although this weir has a falling section at one end designed to permit the passage 
 of vessel- up and down stream, still the company failed to establish to the -ati-fac 
 tion of the court that this new dam. or jxissibly the old one which was in use prc 
 viously and which also hail a faHin, r section, was not an inti . I'erence with navigation 
 and a public nuisunce. The point made by .lud";e Webb in this connei tion is that a 
 rijjht and a claim can not be founded on a wron^. and therefore the company claiming 
 the ri^lit to divert water by means of this illegally constructed dam hud no rijjlit to 
 complain of injury by iea-on of diversion of defendants. It would MM-III that the 
 court decided that no one has the right to divert water from any navigable stream 
 by means of a dam or weir which would interfere with navigation. This point in 
 the decision covers broad ground. The riparian rights of the company, and also of 
 Miller iSc Lux. were apparently sustained and protected. Tin- course is still left open 
 to the enjoined defendants to brin<, r suit against the company and Miller X Lux to 
 determine the extent of their riparian rights, and thereby to ascertain if sutlicient 
 water is not left in the river for the tilling of the James ( 'anal. 
 
 In March. I'.MMI. Miller i\c Lux and the San .loa<|iiin and Kin^s Kiver Canal and 
 Irrigation Company tiled a complaint against Airm- Holland, setting fortii irrounds 
 of comphiint similar to those in the last suit mentioned (No. sf>:;r>). except that the 
 dam and a pumping plant are alleovd to have been erected on Fresno Slough, a tribu- 
 tary of the San .Ioat]uin. The questions involved are very similar to those in the 
 ca-e last mentioned. The number of the case is '.Hio I. FIVMIO County. At the time 
 of submitting thi- report the defendant had not answered in this complaint. 
 
 Case No. T'.tf.'.i. September. l.s'.'T. William Low ry brought suit against the San 
 .loac|uin and Kings River Canal and irrigation Company for damages to a crop of 
 grain iM-longing to plaint ill. caused, as alleged, by sulimerging it by the waters 
 bucked ii]) by defendant-' dam acros- the San Joaquin. The ])leadings do not dis 
 4-lose any i|ue-tiini- of water rights or irrigation, but in the trial the prouf- \\ere 
 largely in that direction. Judgment was rendered for plaint!)!' for (90,000 damage*. 
 An appeal wa- taken and the case is now in the supreme court. 
 
 IN THE SUPERIOR COURT OF MADERA COUNTY. 
 
 Maderu County was formed from a jxirtion of Fresno County in IS'.I-J. and con- 
 sequent |y the amount of litigation growing out of water claims on the San .loaquin 
 and it- tributaries, as conducted in thi- county, is comparatively -mall. 
 
IRRIGATION FROM SAN JOAQUIN RIVKR. 248 
 
 An important case, which at the time my search was made had not yet been 
 tried, is that of the Madera Canal and Irrigation Company />. Miller & Lux, the San 
 Joaquin and Kings River Canal and Irrigation Company, and certain individuals. 
 Plaintiff claimed right to use of all waters flowing in Fresno River, and in certain 
 branches and tributaries the waters of which have been diverted into the channel of 
 Fresno River, by right of prior appropriation and use, said appropriation and use 
 dating back over a period of twenty years. Plaintiff also claims riparian rights on 
 Fresno River. Plaintiff states that for some ten years last past it has concentrated 
 said waters thus claimed at a point in the bed of Fresno River above a certain dry 
 channel or waterway known as Cottonwood Creek, and that said waters have been 
 permitted to How past said dry channel and on down to the lands irrigated by plain- 
 tiff, the bed of Cottonwood Creek being higher than that of Fresno River. The 
 complaint then charges defendants with lowering the bed of Cottonwood Creek and 
 with removing plaintiff's dam therefrom, in order to divert into the creek a certain 
 portion of the waters of Fresno River flowing past that point. The complaint prays 
 for an injunction preventing this diversion on the part of the defendants and also 
 asks to be adjudged the owner of, and entitled to the use of, all the waters flowing 
 in the bed of Fresno River. An amendment to the complaint has been filed, setting 
 up the further ground that Cottonwood Creek is a false and unnatural water course 
 and slough. The defendants answer that Cottonwood Creek is a natural water 
 course, and further, that Miller & Lux have riparian rights thereon. They allege 
 that at certain times of the year (probably during floods) a certain amount of water 
 flows from Fresno River into and down said Cottonwood Creek; and they admit 
 that during the year 1899, desiring to divert a certain portion of the waters of 
 said creek and of said river for the purpose of irrigation, they did enter upon said 
 creek, and did propose to divert said water, and posted a notice to that effect at the 
 intersection of Fresno River and Cottonwood Creek, claiming 25,000 miner's inches; 
 and admit that they did commence to enlarge and improve the channel of Cotton- 
 wood Creek. They deny that they intended to divert any water from Fresno River 
 which plaintiff has any right to use, and promise that, if permitted to go on with 
 their work, they will not divert any water to which plaintiff is entitled, but merely 
 ask permission to appropriate water in excess of the amount rightfully belonging to 
 plaintiff. Miller & Lux filed a cross complaint against plaintiff, claiming right of 
 way over and along Cottonwood Creek, and the right to construct a canal along said 
 right of way. and charge that subsequent to its acquirement the plaintiff, Madera 
 Canal and Irrigation Company, entered upon Cottonwood Creek and constructed a 
 dam therein, thus preventing defendants. Miller & Lux, from obtaining any water 
 from Fresno River, and pray that plaintiff be enjoined from entering on said right 
 of wax or constructing any such dam. The Madera Canal and Irrigation Company 
 answered the cross complaint, reiterating its denial that Cottonwood Creek is a 
 natural water course, and declaring that the dam built by it aci'oss its mouth was 
 made only in order to restore a portion of its works which had been destroyed by 
 defendants. A number of amendments to the complaints and answers have since 
 been tiled by each side. The California Pastoral and Agricultural Company inter- 
 vened in this suit, and claims that it has riparian rights along the lower portion of 
 the Fresno River, and that it claims the natural flow of the river in that locality for 
 
1>44 IKItHJATtoN INVKSTIOATH'N* IN CALIFORNIA. 
 
 irrigation of it- land- ami tin- \\aterin: of it- -lock. It also claim- that tlii.- diver-ion 
 of tin- water by Miller iSi Lux would infringe upon it- right ami prevent this in 
 lion and watering of the -toek. It therefore pray- for an injunction, preventing 
 Miller & Lux from making -iich diversion. The case ha- not a- vet come to trial. 
 Hi-re, as may be seen, all parties claim riparian rights, and rights also by appropria- 
 tion. The question at issue would -rein to lie whether Miller iSi Lux. by enlarging 
 and lowering the channel of ( 'oMonw ood Creek, -o :i- to divert a greater amount of 
 water into it from Fresno Uiver. would so reduce the How of the latter stream a- to 
 em-roach UJMHI the rights of plaintiff and intervenor. a> riparian owners, and upon 
 the former as prior appropriatoi -. The question as to whether or not Cot ton wood 
 Creek is a natunil water course is also an important one. 
 
 The cose of (ioode v. The San Joaquin Electric Company, irhere damagee are 
 claimed by plaintiff by reason of diver-ion of water al>o\e hi- riparian lands, ha- 
 been tried, decided in favor of plaintiff, with small damages, and has been -ettled 
 between the parties without apjx-al to the supreme court. In this ca-e Uo<xlc claimed 
 that the defendant company, by constructing a dam to impound water with which to 
 gene-rate electricity, had -hut off his supply from the stream on which he owned 
 riparian land-, and where he had been in the habit of watering his stock. The fact- 
 seemed to be established to the satisfaction of the court, and small damage- were 
 awarded. 
 
 The case of the California Pa-toral and Agricultural Company /. George D. 
 Bliss et al. (No. .".''.' I came up in I.V.IN. Plaintiff claimed all the water flowing in 
 Chowchilla Creek, both as riparian owner and by right of actual use for ten year- 
 past; that defendants claimed some right in said creek, and have within the last live 
 \ ears built a dam across the channel thereof, u Inch practically divert.s all the water of 
 said stream, except in times of flood: and that he. by means of canals, carries said 
 water to another locality, and with it irrigate- land distant from the channel of said 
 stream. Plaintiff prays for ln.onii damages, and also to be adjudged the owner of, 
 and entitled to the use of, Chowchilla Creek. I)efemlant George I). Bliss answers 
 that Chowchilla Creek is a natunil channel down to the point where it empties into 
 Ash Slough, and that even in time- of freshet ;i large portion of the water of Chow 
 chilla Creek Hows into and down A-h Slouch, and that the only water which How- 
 down the lied of Chowchilla Creek below that point is either superfluous Hood water 
 or water which is discharged in Chowchilla Creek by artificial mean-, that is. the 
 water which is turned back into the Chowchilla from A-h Sloujjh by the Sierra Yi-ta 
 Vineyard Company for the purpo-e of irnjratin^ land- owned by it bordering on 
 the Chowchilla. Defendant then set- up a claim to water from the Chowchilla a- a 
 riparian owner, and claim- that he ha- maintained a dam. known a- Montgomery Dam, 
 acros- the Chowchilla. from ls7s to lv.il. for the purpo-e of divcrtinjr water for the 
 irrigation of his land-, and has turned back into the ( 'how chilla all water not absorbed 
 in his process of irrigation. He state-, further, that ever since IsT* defendant and his 
 grantor- have claimed and u-ed said water, advcr-cly to plaintiff, and with plamtiff'- 
 knowledjjc; and that since the erection of a dam by defendant, in IN!*.'!, said defend 
 ant ha- continued to divert said water and u-e it for purpo-e- of irrigation, a- he ha- 
 :i i i'_rht to do; and. further, that if all the water of the -(ream were permitted to run 
 pa-t thi- dam in -ection L".I and down to Montgomery Dam. -o called, in section '.'<\. 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 245 
 
 the loss by evaporation, etc., would be so great that, after the proper use of the water 
 by defendant for irrigation, no water would be left to pass on down the channel of the 
 Chowchilla. He adds that during times of freshets there is abundance of water flow- 
 ing in the Chowcbilla throughout its entire course, and prays that the court adjudge 
 defendant entitled to the use of all said water except in times J of freshets, and that 
 plaintiff be adjudged entitled to no water from said stream except in time of fresh- 
 ets. This is a case of dispute between two riparian owners on the same stream, and 
 is a question as to how much of the waters of the stream the first owner is entitled to 
 divert and use. Another question also arises, whether his construction of a second 
 dam, farther up the stream, tends to materially diminish the flow of water below his 
 lands. This case illustrates very strongly the benefit that would accrue along the 
 Chowchilla by the storing and proper distribution of its flood waters. 
 
 IN THE SUPERIOR COURT OF MERCED COUNTY. 
 
 The suit of J. J. Stevenson v. San Joaquin and Kings River Canal and Irrigation 
 Company (No. 1767) is apparently the complaint of a riparian owner and canal cor- 
 poration, entitled to take water from San Joaquin River for irrigation purposes, 
 against another appropriator whose lands, plaintiff claims, are not riparian to the 
 river. The defendant has erected a dam across the San Joaquin above the land of 
 plaintiff, has diverted water thereby, and has not returned it to said river, whereby 
 plaintiff claims to be damaged to the extent of $10,000, and prays for an injunction 
 preventing defendant from interfering with the flow of said stream. Defendant 
 denies the claim of plaintiff to the use of the water, dating back to 1871, and claims 
 prior right to the use of said water, and also declares that plaintiff is estopped from 
 bringing action by section 31S, code of civil procedure, and by section 319, Subdi- 
 vision II, and section 338. This case has not yet come to trial. 
 
 IN THE SUPERIOR COURT OF MARIPOSA COUNTY. 
 
 In the vear moo a suit was brought in the superior court of Mariposa County 
 l>\- John R. Hite against the Madera Canal and Irrigation Company. He charges 
 the company with diverting the waters of Big Creek and Ray nor Creek so that 
 they no longer empty into the Merced River, on certain forks of which Kite's lands 
 arc riparian. He states that prior to the alleged diversion by defendant plain- 
 tiff used the waters of the South Fork of Merced River for power and irrigation; 
 that one of the tributaries of said South Fork of Merced River is a stream known as 
 Big Creek, and that one of the tributaries of the said Big Creek is a stream called 
 Raynor Creek. That defendant has a dam on Big Creek, by means of which certain 
 of its waters are diverted. Plaintiff avers that Raynor Creek, when flowing in its 
 natural course, empties into Big Creek at a point below this diverting dam; but that 
 defendant has constructed a ditch from Raynor Creek to a point in Big Creek above 
 its diverting dam, thereby taking its waters and preventing their flowing in their 
 natural course down to the lands of plaintiff; and, further, that defendant has 
 constructed a ditch connecting Big Creek with Fresno River, and now divert the 
 waters of Big Creek into said river instead of allowing them to return to Merced 
 River, of which Big Creek is a natural tributary, and on the South Fork of which 
 plaintiff's lands are situated. He prays for damages, and that defendant be made 
 
IKISKlATIllN INN I -TIiiATInN- 1\ i \ I.I I ' >K M A. 
 
 l de-i-t from -ueh diver-ion of water. The an-wcr to thi> complaint slate-, in 
 i, that plaintitl'. abandoned the u-r of said water about twenty yean ago, and lia>. 
 
 therefore, lot hi.- claim thereto, and. further, that tin- defendant ha- liecn u.-inj_ r 
 contiiiuouslv -aid water during tlie pa-t fifteen year-. Thi- i- a conflict between a 
 riparian elaiinant and an Bppropriator and diverter of water from it- natural eour-e. 
 at a (mint above the land of the riparian owner. by an irrigation company. A- lioth 
 |artie.- al-o claim i-ertain rights by appropriation and u-ajje. the proof will neces 
 siirily have to j^o toward the establishment of priority of claim and actual u-e of 
 water, a- well a- toward the adjudication of the riparian ri^fhl of the owner. 'I'lie 
 i|iie-tion ari-e-. al-o. ('an a riparian owner forfeit hi- ri^ht by disn-e '. 
 
 It will In- noticed that the majority of these case- are -till in court, and the 
 questions raised still undecided. While probably other ca-es involving similar 
 que-tion- have lieen tried and decided in other -cction- of the State, .-till in the actual 
 trial of each individual suit many new jxiints ;iri-c <-au-iiiu- it to differ materiallv 
 from any other on record. It would Ite extremely dillicult. a- well as iinwi-e. to 
 attempt to (|ilote decisions already Driven in cases parallel as to pleadings, hut perhap- 
 diffcrin^ in e.-s .ntial facts from tlie-e still unadjudicated oases. 
 
 INVESTIGATIONS IN THE FIELD. 
 
 My tield work con-i-ted in in-peetint' the canal -ystem- of the companies now 
 takini; their water from San .loaquin Hiver. Fresno River, and ( 'howchilla Creek: in 
 surveying and inappini; the streams at and near the sites of the headjrates of the 
 -everal eanals: in measuring and photographing the structure-, and in ^ajrin^ tlie 
 flow of the principal canal- (,1'ls. XXI, XXII. XXIII). 
 
 CANALS ON SAN JOAQUIN RIVER. 
 
 All the ditches or canals taking water from S:m ,Foai|iiin River are made entirely 
 in cut or excavation, no tunnels or flumes lieinif required in the flat river liottom. 
 The hea<l{jtes, ditche-. st opiate.-, and weirs generally arc of timber, and are eon- 
 structed in the usual form. 
 
 rri-Ki: SAN JOAQI IN IJIVK.H < \N\I i\\v\\\. 
 
 The -y-lcm of this company was de.-i^ned to irrigate the lands of the higher 
 plains at and near Ilerndon. belon^inir to the Bank of California and others, as well 
 as to water the bottom land- of the river between its hijjli banks from Hamptonville 
 a- far a- point- some mile- below Ilerndon. It- head^ate was on (he left or -oiith- 
 easterly bank of the stream, just above a weir, about :nin fret lony. which ran entirely 
 ai ro the river at a point one-half mile below Hamptonville (now 1'olla-ky). The 
 canal and irrigation scheme was a complete failure, the weir bciii}_>- repeat edlv broken 
 down in spite of e\ten-i\c and <-o-tl\ repair-, and the canal cut out and washed awav 
 by lateral water courses or through .--oi)her or squirrel holes in the side hill levee-. 
 In fss" the work wa- abandoned. The area to have been served ha- -ince been sup 
 plied with water brought through ditches from the Kin^- Rixer. 
 
U. S. Dept. of Agr., Bui. 100, Office of Expl. Stations. Irrigation Investigations. 
 
 PLATE XXI. 
 
U. S Dept. of Agr., Bui. 100, Office of Expt. Stations. Irrigation Investigations. 
 
 PLATE XXII. 
 
 r 
 

U. S. Dept. of Agr., Bui. 100, Office of Expt. Stations. Irrigation Investigations. 
 
 PLATE XXIII. 
 
 CANAL SCENES. 
 
IRRIGATION FROM' SAN JOAQUIN RIVER. 247 
 
 THE ALISO CANAL. 
 
 This canal belongs to Miller & Lux. Its water is used exclusively for the 
 irrigation of wild grasses on lands belonging to that corporation. It has no dam or 
 headgate; the bottom of the canal at its head was made lower than the bed of the 
 San Joaquin, so that no dam or weir is necessary. Construction was begun in 1899, 
 and the canal is not yet finished. It diverts water from the right bank of the river, 
 in sec. 17, T. 13 S., R. 16 E., from which point it has been completed for a distance 
 of 6 miles. It serves about 3,000 acres. 
 
 THE CHOWCHILLA CANAL. 
 
 This canal is the property of the California Pastoral and Agricultural Company 
 and Miller & Lux, and irrigates their lands, principally for the production of alfalfa, 
 cereals, and wild grasses, and for the pasturage of cattle. It heads below Aliso Canal, 
 in sec. 30, T. 13 S., R. 16 E., and uses Lone Willow Slough for the first 3 miles from 
 the river. The length of the main canal is about 24 miles, with 14 miles of branches. 
 The maximum capacity of the main canal is 120 cubic feet per second, -and it serves 
 on an average 8,380 acres each year. The canal was built in 1872, at a cost of 
 $120,000. No water is sold from this canal. It is in use throughout the year, 
 excepting sometimes in August and September, when water is not available. This 
 company made no formal appropriation of water, but holds its right by constant use 
 since 1872. It is now in litigation with George D. Bliss and George D. Bliss, jr. 
 (See PI. XXIII.) 
 
 THE BLYTH CANAL. 
 
 This canal is still farther down the river, on the same bank. It is a new 
 construction, made in 1897. It has no dam or weir for diversion, and takes water 
 from the river only in its highest stages. It is used exclusively to irrigate wild grass 
 lands on Chowchilla Ranch, and is the property of the California Pastoral and 
 Agricultural Company. It carries 400 cubic feet of water per second for 0.75 of a 
 mile, and discharges it into the dry trough of the Fresno, where, by means of a series 
 of six strong check levees, 4 to 6 feet high and 1 mile apart, the water is spread over 
 the adjacent plains. About 9,000 acres of wild grass lands thus irrigated furnish 
 pasturage for large herds of cattle. The cost of the canal was $2,400, and that of 
 the checks and levees in Fresno River was $25,000. 
 
 THE EAST SIDE CANAL. 
 
 v. 
 
 This canal is sometimes called the Stevenson & Mitchell Canal. It diverts water 
 from San Joaquin River in sec. 16, T. 9, R. 12 E., about 14 miles southwest of the 
 town of Merced. Water is diverted by means of a temporary brush and sand-bag 
 dam. Its length is about 20 miles. It has a capacity of 200 cubic feet per second, 
 and irrigates a maximum area of 2,500 acres, mostly in wild grasses, alfalfa, and 
 grains. It has six weirs along its length to govern the flow of the water, and also 36 
 waste gates to provide for the passage of drainage water that comes down the gulches 
 running across the line of the canal. The canal was built in 1887-88, at a cost of 
 $80,000. A suit over water rights between this company and the San Joaquin and 
 
248 IKRIGATION IN\ KSTKSATK'NS IN i \ I.I I < >IIN I \. 
 
 Kings Kivcr ('mini and Irrigation Company and Miller X Lux, a corporation. is now 
 pending in the rourts. and is discussed in this report under the head of litigation 
 (page 245). 
 
 Till .1 \M|s CANAL. 
 
 The James Canal Company i> I lie successor to tlie Kntcrprisc Canal and Irriga 
 tion Coin{)uny. Their canal is the upper one on the left or southern hank of San 
 .loaijiiin Kiver. now in o|>ration. and carries \\at.-r upon the Mat bottom lands <t \' the 
 valley in the region between San .loaquin Kivcr and Fresno Slouch and on the south 
 of the latter stream. It heads in San .loaquin Kiver about .14- miles abov e ils jnnct ion 
 with Fresno Slough, and receives water only during high stages of the river. The 
 main canal is L".I miles long and has 11 miles of branches. It carries L'OO cubic fed 
 of water jx-r second, and has served a maximum area of fi'.r,;>u acres in grain, alfat'a. 
 and grasses. Construction began in Isss. and the canal i< not yd completed. The 
 cost has IMM-II :!.">. ooo. (See I'l. XXI.) This company is at present involved in 
 litigation over water rights with the San Joaquin and Kings Kiver Canal and Irriga- 
 tion Company and Miller <& Lux. a corporation, under the name of the Knterprisc 
 I 'anal and Land Company, and is enjoined by the court from making use of its canal. 
 This litigation has already been discussed. 
 
 THE IRRIGATION SYSTEM OK THE SAN JOA^iriN AND KIXOS KIVKK CANAL AND IKUICATION 
 
 COMI'VN^ . 
 
 This is the largest irrigation system on the river. (I'l. XXII.) It takes it- 
 water from that stream and from Fresno Slouch, and liy means of them supplies water 
 to the other canals of the system lower down the valley, namely, the Outside Canal. 
 the Parallel Canal, and the Dos 1'alos Colony Canal, and their liranches. .Iu-1 below 
 the headgate of the "Old Canal" a tine new weir of the latest type has recently been 
 constructed. On its southerly end is a gate or falling dam. which can be lowered flat 
 on the lx>ttom of the stream, thus permitting the passage of boats up and down the 
 river. (PI. XXI). Some such arningement is required, as the stream has been declared 
 by the Tnited States a navigable stream far above this point. The old. or main canal, 
 ua- originally constructed with the idea of using it for navigation as well as for irri- 
 gation, but this >tivam was afterwards abandoned on the ground of expense of con- 
 struction and operation. The main canal, built in IsTi'. heads in San .loaquin Kiver 
 at its junction with Fresno Slough (PI. XXI), and follows down the va'lcy on the west 
 side of the river, for a distance of 76 miles, to a point opposite \Vestley. in Stanislaus 
 County. The canal has a bottom width of .Vi feet, a maximum depth of ; feet, and 
 a grade of 1 foot per mile. Its estimated capacity i- nun cubic feet per second. 
 China Slough Canal diverts water from Fresno Slough about !.."> miles above the head 
 of the main canal (PI. XXI). and empties into the main canal near its head. This canal 
 lias about the same dimensions as the main canal. It was constructed in IV.'T '.'s.. 
 Outside Canal takes water from the main canal on the west side about L'. f> miles 
 below its head, and practically parallels the main canal, at a distance of about 1 mile. 
 for 37 miles down the valley, to Los Itmios ('reek. It wa~ const ructed in I.S'.M; '.'7. 
 Its lK)ttom width is ;">() feet, its depth > feet, and its grade 1 foot to X miles. The 
 capacity i~ :;."ii> cubic feet per second. Parallel Canal is taken out of the east bank 
 
IRRIGATION PROM SAN JOAQUIN RIVKR. 249 
 
 of the main canal 11 miles below its head and about 4 miles below Firebaugh. It 
 follows the line of the main canal on the east side for a distance of 27.5 miles. It is 
 35 feet wide on the bottom, 4 feet deep, and has the same grade as the main canal 
 1 foot per mile. Dos Palos Colony Canal, built in 1878, takes water from the main 
 canal on the east side i) miles below the head of Parallel Canal. It is 11.04 miles 
 long, has a bottom width of 40 feet, depth 5 feet, and runs on a grade of 1 foot per 
 mile. It carries 7!KI cubic feet per second. Its water is distributed through four 
 branches, .it). Hi. Hi, and 10 feet wide on the bottom, respectively, and each having a 
 <!(])( li of 4 feet. The cost of the canal and its branches was $26,500. The canals of 
 the San Joaquin and Kings River Canal and Irrigation Company are used for the 
 irrigation of grain, alfalfa, and wild grasses. The cost of the entire system of canals 
 and branches was $1,167,805. The company owns no lands other than its right of 
 way, and sells its water to the farmers along the valley, and principally to Miller & 
 Lux, who own the controlling interest in the company. 
 
 In direct connection with the system Miller & Lux use Poso Slough, Temple 
 Slough, and Santa Rita Canal as means to take water from San Joaquin River to 
 irrigate their own ranches and pasture lands in the "delta district" below the old 
 canal, some 15 miles below its head. 
 
 This company and Miller & Lux have had, during the past few years, consid- 
 erable litigation over water rights on San Joaquin River and over riparian rights as 
 against rights by appropriation. 
 
 This completes the list of canals inspected by the writer which take water from 
 the San Joaquin. 
 
 Recently Fresno and other cities of the upper valley have advocated the con- 
 struction of a ship canal to follow in a general way the line of the river, Fresno 
 Slough, and the lowest line of the valley, past Fresno, toward Bakersfield. It is 
 said that the large canal companies have offered to cooperate in forwarding this 
 scheme. Of course the United States Government would have a controlling voice 
 in this matter as far as any interference with the navigability of the San Joaquin is 
 concerned or affected. Nothing definite has as yet resulted from this proposition. 
 
 CANALS ON FRESNO RIVER. 
 
 There is but one system of canals deriving its water from Fresno River, namely, 
 that owned by the Madera Canal and Irrigation Company. On this line, running 
 through hilly and rocky country for a portion of its length, there are numerous rock 
 cuttings and many flumes. The canal is usually "in cut" or excavation, and its 
 structures are of the ordinary type. The company makes use of the bed of the river 
 for a considerable distance as its main channel. The company irrigates the Adobe 
 Ranch, about 10 miles easterly from the town of Madera, and some 10,000 or 15,000 
 acres of land in and near the Howard & Wilson Colony, southerly from the same 
 town. The canal was built in 1873-74, at a cost which has been capitalized at $400,000. 
 (See PI. XXIII.) 
 
 This company is in litigation over water rights with the San Joaquin and Kings 
 River Canal and Irrigation Company and Miller & Lux, a corporation, and also with 
 John II. Hite, of Mariposa County. These cases are discussed under the head of 
 litigation. 
 
250 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 
 
 CANALS OX CHOWCHILLA CREEK. 
 THK MKi;i;\ VI8TA MM.V\i:i r<>MP\NY. 
 
 This company makes use of the bed of Chowchilla Creek, in the vicinity of 
 Miiiturn, on the Southern Pucitic Hailroad, as u storage reservoir, by means of 
 a ilaiu Imilt aero tlic -tivam from Imnk to Iwink, and draws water from aln>\c it 
 into the canals on cither side of the creek. Those irrigate orchards, vineyards, and 
 alfalfa land- Ix-longiug to the company. 
 
 1 : 1 .1 .-- CANAL. 
 
 In a similar manner, lower down on the Chowchilla, George D. Bliss and George 
 D. Bliss, jr., use two dams in the bed of that stream to till small canals and irrigate 
 evcral thousand acre's of their ranch in that vicinity. They are engaged in litigation 
 with the California Pa-toral and Agricultural Company over riparian rights on 
 Chowchilla Creek. Tlii- i-a-e U discu.-sed under the head of litigation. 
 
 DISTRIBUTION OF WATER AMONG CANALS. 
 
 The waters of San .loaquin River are divided among the several canals, not by 
 mutual agreement among the owners or by direction and control of any board having 
 authority or any State official, but simply by being taken under the law prescribing 
 the manner and method of appropriating waters for irrigation or other useful 
 purposes. 
 
 No report of the progress of the proposed works nor of their completion i- made 
 or required subsequent to the time of recording the appropriation, nor of use of the 
 water claimed at any time. The facts in the case must be ascertained, if at all. by 
 private investigation. The difficulty of obtaining such information can not lx> 
 appreciated except bv one having made the attempt. This data is readily obtained 
 from cnnal companies in actual operation, in so far as possessed by them, but is out 
 of sight and out of reach in the many cases where records of appropriation have been 
 made but the water not used. 
 
 The law places no limit upon the quantity of water which may lie claimed in this 
 manner. The statutes prescribing the method of appropriation lead to the condition 
 of " first come, tirst served," but this is tempered by the necessity of actual use for 
 some beneficial pnr]>o-e and also by the vested rights of riparian owners. 
 
 The Chowchilla Canal, owned by the California Pastoral and Agricultural 
 Company, has made no tiling, but claims its rights by virtue of u-c since 1 >?_'. The 
 maximum intake of the Chowchilla Canal is li'o cubic feet per second. With this 
 exception all the canals and companies previously described base their claims for 
 water from the streams enumerated upon claims tiled, and. in some instance-, upon 
 riparian right- al-o. 
 
 No record of appropriation of water for the Aliso Canal has been discovered by 
 the writer, and its claim i.- probably based upon the riparian rights of its owner-. 
 Miller it Lux. 
 
 The Hlvth Canal has claimed for its use 1,000 cubic feet (per second M under 
 a 4-inch prc--ure. Its maximum intake is 400 cubic feet per second. 
 
 The Eaat Side Canal Company claim- :J4.">. ooo miner'.- inches under a 1-inch pre-- 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 251 
 
 ure, or 6,900 cubic feet per second. The maximum intake of the canal, claimed for it 
 by its president, is 2oo cr'.ic feet per second. 
 
 The James ( 'anal Company (formerly known as the Enterprise Canal and Land 
 Company) claims ."100.000 minor's inches, under a 4-inch pressure, or 10,000 cubic 
 feet per second. The maximum How claimed for this canal is 200 cubic feet per 
 second. 
 
 The San Joaquin and Kings River Canal and Irrigation Companj' for its several 
 canals claims from San Joaquin River and Fresno Slough, near the junction of the 
 two streams, an aggregate of 165,000 miner's inches under a 4-inch pressure, or 3,300 
 cubic feet per second, and, in addition to this quantity, "all the water in the river" 
 at Firebaugh. The maximum intake claimed for their canal is 1,400 cubic feet per 
 second. In addition to these filings Miller & Lux claim their rights as riparian 
 owners to an amount as yet indefinite and unadjudicated. They also use the waste 
 and seepage waters from these canals and the flood waters of the river to fill Poso and 
 Temple sloughs and Santa Rita Canal, for the irrigation of their own ranches in that 
 district, and to flood their wild grass lands adjacent thereto. The maximum intake 
 of all these canals, with the exception of the latter group belonging to Miller & Lux, 
 amounts to 2,460 cubic feet per second, so that we see that on this river, whose mean 
 delivery, according to the recorded gagings of it, is 2,448 cubic feet per second, we 
 have claims made by the owners of canals now in operation aggregating 21, 320 cubic 
 feet per second plus "all the water in the river at Firebaugh" plus the riparian 
 rights claimed by Miller & Lux plus the flood waters claimed for their ranches. 
 
 We see from this comparison that the mean flow of the river has apparently 
 been reached by the actual consumption on the part of existing canals, and that the 
 claims to water by the companies in actual operation are nearly ten times the amount 
 of the mean flow. Evidently the irrigated area in this part of the State may be 
 extended only by more skillful and economical use of the waters now available, and 
 by extensive storage in the seasons of flood flow. The unfortunate lack in this State 
 of a board of water administration, together with the existing loose laws relating to 
 appropriations, naturally leads to such a condition of affairs as that above described, 
 and to over-recurring litigation. 
 
 The Mad era Canal and Irrigation Company is the only one taking water from 
 the Fresno. Ac-cording to the records of Fresno and Madera counties, it has filed on 
 a total of 408,000 miner's inches, or 8,160 cubic feet of water per second. Of this 
 quantity 6,000 miner's inches are claimed from Big Creek and 10,000 miner's inches 
 from Raynor Creek, a natural tributary of Merced River. The flow of the river, as 
 has been shown, at its greatest mean monthly discharge is 1,632 cubic feet per second, 
 so that the amount claimed from this stream and its tributaries is five times the 
 greatest mean monthly flow and nearly forty-nine times its annual mean flow of 167 
 cubic feet per second. The company claims a maximum intake for its canal of 800 
 cubic feet per second. 
 
 The Sierra Vista Vineyard Company has claimed, by "ecord, from the waters of 
 Chowchilla Creek 24,000 miner's inches, or 480 cubic feet __ er second. 
 
 The waters claimed by George D. Bliss and George D. Bliss, jr.. for their dams 
 and canals on Chowchilla Creek, below the Sierra Vista Vineyard Company, are 
 .">,000 miner's inches plus the water rights of their predecessor, J. M. Montgomery, 
 a record of whose claims the waiter has been unable to discover. 
 
_."._' IKHH. \ TI.'N 1N\ I ---I I" \TInN- ]N , M.ll nlJNIA. 
 
 DISTRIBUTION OF WATER AMONG IRRIOATORS. 
 
 In no one of tin- systems de-cribed is tin- water mea-ured. but. when sold, is 
 dealt out by (lie superintendent of the canal in ainount sutlicient to satisfy the irri- 
 gate r. \vlio is charged so much per acre irrigated. Both the company selling the 
 water and the fanner Inlying i' admit that the water would be used more wisely and 
 economical I v if sold by measure, hut eaeh party to the contract objects to the measure- 
 ment of water the comjmnv on the ground that the measurement would take too 
 much time and trouble, and the irrigator because he feels that lie would not be 
 treated as liberally as ;it present. The writer doe- not doubt that the -ale of water 
 by measurement would lead to a greatly improyed system of conducting the water to 
 the lands and applying it to them, as well a- to much more skillful and economical 
 use of it: and would, undoubtedly, greatly increase the duty of water in this 
 district. 
 
 The water of the Hast Side Canal is almost exclusively used upon the Stevenson 
 and Mitchell lands at its extremity. A small quantity is sold to farmers in the 
 vicinity. Kadi farmer draws off the quantity thai he believes his fields need, and 
 pavs for it in cash, the charge being %2 per acre irrigated, or *_'.. ~>n if the water is 
 not contracted for before the 1st of January. The canals and gates are under the 
 control of a sujxM-intcndent, but all small irrigating ditches moflt be constructed by 
 the farmers at their own expense. 
 
 The San Joaquin and Kings River Canal and Irrigation Company -ells its water- 
 to anyone wishing to purchase them. The public water rates of the company for the 
 year of 1900 are as follows for any part or all the season between July 1 and the 
 following June 30: For alfalfa, $2. 50 per acre; for cereals and corn. *L' per acre: for 
 orchards and vineyards, $2.50 per acre: for market gardens.*."! per acre; for water 
 supplied letween July 1 and September 1, for second crops of any kind except 
 alfalfa. $1 per acre. Lower rates than these have been established in Stanislaus 
 County by the board of .supervisors, but their authority in this respect is now being 
 contested in the courts by the company. 
 
 The irrigation water from the San Joaquin and Kings River Canal and Irrigation 
 Company is supplied upon the written request of the irrigator. and under the -uper- 
 vision of the canal superintendent: and is sold at ,-o much per acre, the quantity 
 supplied being sufficient to satisfy the irrigator. 
 
 The sale of water by the Madera Canal and Irrigation Company is conducted 
 differently from that of the others. Water rights are sold to subscribers or stock- 
 holder- at *."i per acre. The owners of these rights then pay*! per acre per year 
 for the u-e of the water. Nonstockholders pay *I per acre for the first irrigation of 
 their land, and $1.50 per acre for each subsequent irrigation. The-e latter rate- for 
 nonstockholders were ordered by the Madera County board of supervisors in Iv.ts. 
 A large number of nonstockholders, owning about il.ooo acre- of land, take water at 
 -tockholdcr.-' rates ;t s In-fore stated, by virtue of the ])urcha>e originally of their land 
 with water a* an appurtenance thereto. This form of contract ju-t described for 
 water is not satisfactory, either to holders of water right- or to ordinary irrigator-. 
 The former comj>lain of their obligation to jiay *."> |T acre for each acre which they 
 at tir-t contracted to irrigate, whether afterward- they wished to irrigate it or not; 
 
IRRIGATION KKOM SAN JOAQIIIN KTVKK. 253 
 
 and also that the nonstockholders have been given better terms than they. The non- 
 stockholders complain of ;i continued deficiency in the water supply. 
 
 The James Canal Company lenses much of its land to farmers who divide the 
 water among themselves, according to their needs, and pay for the use of the land 
 and water with one-fourth of the crop which they produce. The water sold is not 
 measured in an\ way. 
 
 The form of contract which seems most satisfactory to irrigators in the section 
 of the State visited by the writer is the one which stipulates that, upon notice being 
 given to the canal company, the latter will furnish the required amount of water 
 upon being paid therefor at so much per acre. Other forms of contract more 
 stringent in their exactions on the part of the canal companies are decidedly unpopu- 
 lar, and in some cases have the effect of preventing irrigation. 
 
 METHODS OF IRRIGATING. 
 
 The lands watered by means of the canals described in this report are remarkably 
 well adapted to irrigation, usually being quite flat, with a uniform slope of 6 to 10 
 feet to the mile toward the bed of the river. From the main canals in the different 
 systems the water is conducted through branches and laterals to small irrigation 
 ditches upon the farm, where it is received by the irrigators, and applied to the lands 
 under their direct supervision. 
 
 In the first days of irrigation in this region, large, high, rectangular check levees 
 were used, but these were found to be not only expensive and very inconvenient for 
 the passage of farm vehicles from one section to another, but also to require much 
 time and a large amount of water to fill them. More recently the universal practice 
 is to use low contour check levees, not more than a foot to eighteen inches in height, 
 and from 10 to 20 feet on the base, enclosing an area of only 5 or 10 acres. These 
 tracts are quickly and easily flooded. The levees do not interfere with the passage of 
 wagons and mowing machines, and may even be plowed over and cultivated. The prac- 
 tice is to introduce the water upon the highest level, flood the area, keep the water 
 moving along, and when a sufficient quantity in a check has been absorbed, to pass 
 the remaining water on to the next and lowei check. It is believed to be the best 
 practice to keep the water flowing down and not 'allow it to stand long in any one 
 area, as then it is more likely to bring alkali to the surface, and also to scald the 
 grain. It is claimed that moving the water tends to leach the alkali from the soil. 
 
 In the case of the James Canal, the method of irrigation adopted is to flood with 
 low contour checks, and, in some cases, When wetting pasture fields and wild grasses, 
 to flood without the use of checks. The lands in this locality have a slight and uniform 
 slope. 
 
 The Madera Canal and Irrigation Company applies water by the same method 
 employed in the cases previously mentioned that is, by means of low contour check 
 levees and flooding for grain and alfalfa, and with small rectangular checks for 
 orchards and vineyards, with occasionally the furrow system for the latter. 
 
 The Sierra Vista Vineyard Company applies its water to the lands by flooding 
 in an older set of high rectangular check levees, and also in a later set of low small 
 contour checks, this latter system having been adopted in place of the first, upon 
 
254 IUKHIATION IN\ 1-1 I'. \ I H'N- IN i \ 1.1 1- < 'KM A. 
 
 exten-ion of tin- irrigation ;uv;i. 'Pin- -oil i- :i light sandy loam, quite fertile and 
 favorable tn irrigation. 
 
 In oases of orchard- and vineyard- planted on porous soils, lateral absorption, 
 or furrow irrigation, is often practiced. 
 
 DUTY OF WATER. 
 
 Without an extended >tudy of tin- result* of irrigation from the various canals 
 discussed in tlii> report, it \\ould ho ini|>ossil>lo to give an adequate tivatmoiit of the 
 duty of water in the district c-o\ ered. However, hy <1 rawing upon I lie experience of 
 irrigator.- and canal owners. 1 was enabled to ascertain what it i> considered to he in 
 .some instance-. 
 
 The be-t accessible authorities irj v o tho duty <>t water on most of the canals 
 under consideration to In- approximate!; Itio acres to the cuhic foot per second. 
 This would apply to the Ali-o ( 'anal, the Chowchilla Canal, the 15I\ tli canals, and the 
 canals owned by the San .loai|iiin and Kind's Rivor Canal and Irrigation Companv . 
 On the Maderu Canal and Irrigation Company's .-anal it is estimated to !M> from IIHI 
 to 120 aoros j>or euliic foot per second. However, the loss of water from j>ercolation 
 into the l>ed of the river and into the distributing ditche- i> very larjro. estimated to 
 beone-half of tho whole amount taken in. Of course, if this lo-s could he prevented. 
 the duty would he yroatly increased, if not douhled. The laryo>t duty found was on 
 the land under the private canal of the Sierra Yi.-ta N'ineyard Company. There it 
 was roughly estimated hy the proprietor- to he L'.'.H acres per culiic foot |ier second. 
 
 ANSWERS TO A CIRCULAR LETTER OF INQUIRY CONCERNING IRRIGATION 
 
 MATTERS. 
 
 Duriny the progress of my investiiration of irrriiration alonjr San .loauuin 
 River. I addre-sed a circular letter to many prominent citi/ens interested in irriga- 
 tion, resident- of Fresno. Madera. and adjacent territory, and. amon<r other tliiiiLT'-. 
 a-ked ceilain (|iiestions. 
 
 To these questions I received numerous answer-, many oral and some written. I 
 will endeavor to jfivo the full sense of these replies: 
 
 (1) Is the present method of adjudicating water rijrhl- -al i-t'actory '. If not. 
 what method should replace it; It wa- j, r ene rally admitted that the present method 
 of adjudicating water rights through the courts is \ery un.-ati>factory. Hy many, a 
 board of control, or a commis>ion. with full power. \\a- suggested. 
 
 (~2) How has the doctrine of riparian rights influenced the -uccess of irrigation 
 in this Stated And do you sugge-t any modifications of this doctrine; The unani- 
 mous opinion was that the doctrine of riparian rights has worked great hardship to 
 irrigation, and that the law of riparian rights should lie 'entirely wiped out." 
 Some suggested that the ownership of water -liould he ve-ted in the State, .ir in (lie 
 National (iovernment. 
 
 (3) I- the present -y-tein of -tream control, or lack of it. and of dividing tin- 
 waters among the several claimant-, satisfactory 8 If not. what form of control 
 
 -hoilld he -uli-titllteil for tile pre-elit one; With a few exceptions, the answer was 
 
 'No, it i- not -ati-factory. hut very unsatisfactory;" and a s\-iem of control similar 
 to that in the State of Wyoming wa- -e\ eral time- suggested. 
 
IRRIGATION FROM SAN JOAQUIN RIVER. 255 
 
 (i) Should there be a State officer to be known as State engineer; and if so, 
 what should be his powers and duties? Opinions seemed to be divided on this ques- 
 tion; the majority, however, were in favor of such an officer, who should have 
 power, under properly established principles of law, to adjudicate water rights. 
 
 (5) Should there be a central office of record for claims or appropriations of 
 water, instead of the separate county records, as at present? This question was 
 answered almost without exception in the affirmative; the county records, however, 
 to be maintained as at present, and to bo made complete as to the identitications of 
 locality, quantity of water appropriated, its actual use, etc. 
 
 (6) What supervision or control should be exercised over water rights which yet 
 remain to be acquired? The opinion was that few water rights now remain to be 
 acquired; but that wherever they exist, they should be held by the State. 
 
 (7) As to what should lie done to save to the fullest extent and to use the most 
 economically and efficiently the waters at present running to waste, and particularly 
 the flood waters, there was unanimous opinion that it is absolutely essential to the 
 prosperity of the State that the waste and flood waters shall be saved by storage, 
 and dealt out under proper control as needed. As to who should control this system 
 of the conservation of water, the State or the nation, or the two combined, there 
 seems to be no doubt that there should be such control, but some favored the State, 
 some the nation, and some cooperative control by both. 
 
 (8) What legislation is needed to define rights to water and to stored water, and to 
 determine the ownership of the waters thus stored? By whom should these laws be 
 enacted, by the State or by the national legislature? Many citizens seemed to have 
 very positive ideas with regard to needed legislation, and particularly as to the abo- 
 lition of all riparian laws, saying, "That should be the first thing done;" but, as to 
 the course and form of further legislation, either their ideas were not fully matured 
 or else they declined to give them. Many did not favor national legislation on this 
 subject. 
 
 CONCLUSIONS. 
 
 As a result of my investigation and study of irrigation problems existing in 
 California, and particularly as I have found them in the valley of San Joaquin River, 
 1 have drawn the following conclusions: 
 
 METHODS OF FILING AND RECORDING CLAIMS TO WATER. 
 
 The present method of posting notices and recording appropriations of water, 
 under the existing State law previously referred to, is unsatisfactory to the last degree; 
 in practice it results in great indetiniteness as to the amount of water claimed and 
 uncertainty as to the locality mentioned. Ft countenances ignorance of water laws 
 and water engineering, leads to obscurity of title, and, in many instances, renders 
 the establishment of the validity and priority of claims almost impossible. 
 
 Ff the present method of making appropriations of water is to be retained, it 
 should be reformed so that every record of appropriation of water shall be perfectly 
 definite and accurate as to location, quantity of water claimed, date of appropriation, 
 si/e and character of proposed diversion works, and place of use of the water. Also, 
 reports of the time of beginning of the construction of works, of their progress and 
 of their completion, should be exacted. 
 
_'"' I > IRRH. \THiN 1N\ K>TH, \ TK'Ns IN i A I.I KuUM A. 
 
 l'cri<xlical reports {jiving an account o'f the use of the water, of its amount, etc., 
 should !M % required to In- tiled in the otlice of record, so tliat any person may at any 
 time liy consulting the records ascertain uny essential fact relating to claim and us,.. 
 
 ADJUDICATION OF WATER RIGHTS. 
 
 The present method of adjudicating water rights in this State is very un.-ati.-fac- 
 tory. As a matter of fact, the only adjudication which may lie had is by mean.- of 
 a suit in the court-. Nearly every decision of the superior court is appealed to the 
 supreme court of the State, and several years time must elapse lie fore a final and 
 conclusive decision is obtained, and thousands of dollars must lie expended. Often 
 no new principle is established in this process, simply the relative rights of the 
 contestants. The costs of such litigation have often lieen enormous. In tuo coun- 
 ties alone of this State it has been estimated by those well ijiialitied to judge that 
 from $1,000,000 to $2,000,000 have been expended in litigation over rights to \\ater. 
 So long is the necessary delay in the overburdened courts and so hcavv the legal 
 expense that many a claimant with limited means is debarred from maintaining his 
 rights, and is forced to abandon their adjudication. Wealthy claimants, by pro- 
 longing contests and multiplying cost- are sometimes enabled to "beat oil'" tho.-e 
 who are apparently entitled to a decision in their favor. 
 
 In place of this chaotic condition of affairs, the writer would recommend that in 
 so far as the constitution of the State will permit, legislation should be had to 
 relieve the courts of this great burden of water litigation and to place the control of 
 the streams of the State in the hands of an administrative board, which shall have 
 authority to adjudicate, upon well-established principles of law. all water claims. 
 The writer deems it essential that the decisions of this board of control shall )ie 
 tinal. 
 
 INFLUENCE OF THE DOCTRINE OF RIPARIAN RIGHTS ON THE SUCCESS OF 
 
 IRRIGATION. 
 
 The doctrine of riparian rights, as existing in this State, has exerted a most 
 injurious influence on irrigation affairs. It has been the prolific source of litigation; 
 has greatly interfered with and even debarred irrigation enterprises. The laws of 
 the State of California clearly recogni/e the right to appropriate water from streams 
 and lake-. !( ., i- shown by the sections of the statutes previously quoted And in 
 direct opposition of interest it maintains, under the common law. the riparian rights 
 of private riparian proprietors, as evidenced \>\ many consistent decisions of its 
 supreme court. 
 
 The repeal of the doctrine of riparian rights, as construed by this court, affects 
 and relates only to the streams and lake- wholly within the public lands of the I'nited 
 States or in those of the State. The riparian rights of private person.- owning land 
 on the banks of streams remain as they were before the pas.-age of the repealing 
 section before referred to: and all such must also, in the future, so remain during 
 the existence of our present laws on the subject. 
 
 It seems to the writer, therefore, that the riparian doctrine has been abolished in 
 this State in so f ;l |- ;l - it can be until all the water shall be again the property of the 
 State or of the General Government, and that waters on a -t ream can be appropriated 
 for use in irrigation only as subject to the riparian rights, if ;l t ;i||. on that stream. 
 
IRRIGATION FROM SAN JOAQUIN KIVKR. 257 
 
 STREAM CONTROL. 
 
 In reality there is :it present no system of stream control in the State of Cali- 
 fornia. Anyone who wishes may claim all the water of a stream he may see fit, 
 and may proceed to take out as much as he likes until he arouses a contest with some 
 other claimant, when immediately his case goes into court, to remain there perhaps 
 for years. It can hardly be denied that this state of affairs is most unsatisfactory. 
 In place of this there should be constituted a board of control, of the highest char- 
 acter and ability, which should adjudicate all existing claims to water, and have the 
 authority to carry out its judgments. All water not covered by these adjudications 
 should be declared to belong to the State, and should be controlled and divided for 
 
 use by this board. 
 
 STATE ENGINEER. 
 
 The board should appoint a State officer, who might be designated as State engi- 
 neer, of the highest scientific and technical ability, whose duty should consist in 
 carying out the rulings and decisions of the board in individual cases, such as decid- 
 ing the validity of particular claims to water, dividing the waters of streams equably 
 among claimants, etc. 
 
 WHERE CLAIMS SHOULD BE RECORDED. 
 
 If the records of appropriations of water, under the law therefor and as 
 reformed according to my recommendation previously made, should be maintained, 
 there should be not only the record in the office of the county recorder, but also a 
 duplicate thereof in the record hook in a central office, as for example that of the 
 surveyor-general or the State engineer, for the convenience of the general public. 
 In this way any person, as for instance a newcomer in the State, could find the exact 
 status of any claim to water on any stream. The convenience of such duplicate 
 record is obvious. 
 
 Such appropriations of water and all unappropriated waters of the State should 
 be under the exclusive control of the administrative board previously mentioned. 
 Progress reports of the initiation, prosecution, and progress of diversion works should 
 be regularly made, both to the county and central offices, and annual or semiannual 
 reports of the use of the water so diverted should be required. A lapse of a certain 
 interval should automatically work the forfeiture of the claim. The before-mentioned 
 board of control should, under the law, have the supervision and government in all 
 matters of water rights. 
 
 CONSERVATION AND USE OF FLOOD WATERS, AND LEGISLATION THEREON. 
 
 For the same reason that the National Government takes control of its rivers and 
 harbors and expends revenues in improving them for the purpose of facilitating navi- 
 gation and commerce that is, to benefit the country as a whole and all its citizens 
 should it assist and encourage the irrigation of all arid and semiarid public lands 
 within our borders, thereby affording homes to our ever-growing population, and 
 increasing the wealth and prosperity of the nation; and stimulating the basic indus- 
 tries agriculture and horticulture the most important in every country. To this end 
 it should preserve from sale or preemption all available sites for dams and storage 
 
 23856- -No. 10001 17 
 
IKUH.ATH'N 1N\ I--I Ic.A I H'N- IN r A I.I I- < 'UNI A. 
 
 reservoir- -ituatcd ii|><>ii public hinds, and which may be utilized t<> irrigate >uch 
 land.-. A- far a- practicable the Hood waters of llic streams in arid or semiarid 
 regions should U- stored mid used for irrigation. In this connection, ample protcc 
 tion should be extended to nil forests at the heads of streams that they may forever 
 remain tlie sources of perennial How, equally five from overwhelming fre>hets and 
 -ea-on- of drought. 
 
 The National < iovei ninent should also introduce, through its Agricultural 1 >epart 
 incut, the most advanced and improved metliod- of irrigation, leading to the most 
 skillful use of water, and to its greatest "duty." and. con-e(|iiently. to the maximum 
 productiveness of the soil of vast previously arid regions. 
 
 In cooperation with the National Government, the State should adopt a simple 
 and effective law to govern the administration and use of all its waters, and the 
 adjudication of all rights thereto acquired. 
 
 The common law doctrine of riparian rights seems to sufficiently protect private 
 riparian owners and their use of water from streams, for all Ordinary purposes, U 
 for domestic use. milling, etc.. with the exception of that of irrigation. And yd 
 the use of water for irrigation in the arid State- and Territories is the most important 
 of all. But irrigation is unknown to common law. and legislation in this State i~ 
 needed to encourage and protect that great and important use of water. The aim in 
 this legislation should be, therefore, to t>enetit as largely as possible the agricultural 
 population, without injuring the private rights of any riparian proprietors. 
 
 The fundamental idea in such legislation, in ca-e the State does not see it> wav 
 to the acquisition of all existing titles to its \\ater-. is in the writer's opinion, to 
 determine and decide authoritatively what quantity of water each riparian owner 
 and irrigator along each stream is justly entitled to consume. Apparently, upon an 
 equitable adjustment, each would In 1 entitled to take the excess of water left over the 
 just amounts In-longing to the other claimants. 
 
 A State board of control, having a State engineer of its own appointment for its 
 executive officer, should make such equitable adjustments, considerinir and fairlv 
 treating the claims of irrigators. and resi>ecting the natural rights of riparian and 
 nonriparian owners. 
 
306237 
 
 
 c. 
 
 
 UNIVERSITY OF CALIFORNIA LIBRARY