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California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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have had practical knowledge and experience 1
the use of water for agricultural purposes, ai
one thereof shall have had practical knowledl
and experience in the use of water for minii
purposes, and one thereof shall have had pra<
tical knowledge and experience in the use <
water for municipal purposes. The commil
sioners shall elect one of their number preside
of the commission. The appointed members (
said commission shall each receive as compensa
tion for his services the sum of five thousaa
dollars per annum. No commissioner who I
directly or indirectly Interested in any mattt
before the commission shall sit with the cofl
mission during the hearing of such matter; r«
shall he be detailed by the commission to invel
tigate or report on any such matter; nor shd
he take part in any determination of any sue
• matter. But the governor shall have the pow<
and authority, upon request of the commissi^
to appoint pro tempore some distinterested pel
son to sit and act in the place and stead of sua
interested commissioner. Such pro tempore coa
missioner shall have compensation for the tirt
of service equal to the compensation of a coa
missioner during such service and shall have tl
power and authority of the same, only in tl
matter for the investigation and determination <
which he shall have been appointed and his coi
nection with the commission shall cease and df
termine upon the completion of the investigati*
and determination for which he was appointe
But the commissioner in whose place and stea
he sits shall have power, compensation ai
authority in all other cases.

Sec 2. Whenever a vacancy in the stal
water commission shall occur, the governor sha
forthwith appoint a qualified person to fill tl
same for the unexpired term. The legislatun
by a two-thirds vote of all members elected i
each house, or the governor, may remove an
one or more of the appointed commissionei
from office. The commission shall have a set
bearing the following inscription: State wate
commission of California. The seal shall h
affixed to all authentications of copies of record
and to such other instruments as the commissia
may direct. All courts shall take judicial notio
of said seal.

Sec. 3. A majority of the appointed commis
sioners shall constitute a quorum for the trans
action of any business, for the performance o
any duty, or for the exercise of any power o
the commission. No vacancy in the commissi^
shall impair the right of the remaining commis
sioners to exercise all the powers of the com
mission. The act of a majority of the com



dssionov present, irtim In session as & board, shall be deemed
be the act of the commission; but any investigations, inquiry
r hearing whidi the commission has power to undertake or hold
oay be undertaken or held b/ or before any commissioners or
CHmDissl(ma' designated toe the purpose by the commission; and
very finding, order, ascertainment or decision made by the com-
lissionors w the commissioner so designated pursuant to such
nrestigation, inquiry or hearing, when improved by the commis-
lon and ordered filed in its office, shall be and be deemed to be
be finding, order, ascertainment or decision of the conmiission.

Sec 4. (a) Each commissioner shall have power to ad-
linister oaths, certify to all official acts, and to issue subpoenas
or the attendance of witnesses and the production of papers,
mks. maps, accounts, documents and testimony In any inquiry,
QTestigation. hearing, ascertainment or proceeding wdered or
ndertaken by the commission in any part of the state. Each
ritness vAko shall appear by order of the commission oc any com-
lissioners or a commissioner shall receive for his attendance the
une fees and mileage allowed by law to witnesses in civil cases,
liilch amount shall be paid by the party at whose request sudi
ritness is subpoenaed. When any witness who has not been re-
[oired to attend at the request of any party shall be subpoenaed
QT the commission his fees and mileage shall be paid from the
(Bids appropriated for the use of the commission in the same
lanner as other expenses of the commission are paid. Any wit-
jms subpoenaed, except one whose fees and mileage may be paid
hnn the funds of the commission, may, at the time of service,
iemand the fee to which be is entitled for travel to and from the
ilace at vMdi he is required to appear and (me day's attend-
Dce. If such witness demands such fees at the time of service,
pd they are not at that time paid or tendered, he shall not be
equired to attend before the commission or commissioners as
greeted in tiie subpoena. All fees and mileage to which any
ritness is entitled under the provisions of this section may be
tollected by action therefor Instituted by the person to whom
neh fees are payable. But no vdtness shall be compelled to
tttend as a witness before the water commission or any wato*
tommissiono' or water commissioners out of the county in v^ich
te resides, unless the distance be less than thirty miles from
lis place of residence to the place of hearing.

(b) The superior court of the county or city and county in
dilch any inquiry, investigation, hearing or proceedings may
ie held by the commission or any commissioner or commission-
rs shall have the power to compel the attendance of witnesses
nd the production of papers, maps, bocks, accounts, docu-
aents and testimony as required by any subpoena issued by
be commission or any commissioner or commissioners. The
lommission, commissioners or commissioner befm-e whom the
estimony is to be given or produced may, in case of the re-
tasal of any witness to attend or testify or produce any papers.
Baps, bodES, accounts or documents required by such subpoena,
eport to the superior court in and for the county or city and
joonty in which the proceeding is pending by petition, setting
lorth that due notice has been given of the time and place of
Utendance of said witness, oc for the production of said papers,
liaps, hocika, accounts or documents and that the vdtness has
teen summoned in the mann^ prescribed tn this act, and that
he witness has failed and refused to attend or produce the
^ers, maps, books, accounts or documents required by the
iobpoena bef(»% the commission, commissioners, or commissioner
b the cause or proceeding named in the notice and subpoena.
It has refused to answer questions propounded to him in the
»urse of such cause or proceeding, and ask an order of said
Sourt, compelling the witness to attend, testify, and produce
Md papers, maps, books, accounts or documents before the
Dommission, or commissioners, or commissioner. The court, upon
a» petition of the commission or commissioners or commis-
fioner, shall enter an order directing the witness to appear
Wore the court at a time and place to be fixed by the court
In sudi order, the time to be not more than ten days from the
flate of the order, and then and there show cause, if any he
tiave, why he refused to obey said subpoena, or refused to answer
questions propounded to him by said commission, or any com-
missioners or any commissioner, or neglected, failed or refused
to produce before said commission, or any commissioners or
Iny commissioner the books, papers, maps, accounts or docu-
ments called for in said subpoena. A copy of said order and
the petition toerefor shall be served upon said \\itness. If it
shall appear to the court that said subpoena was regularly is-
med by the commission or any commissioners or a commis-



sioner, the court shall thereupon enter an order that said wit-
ness appear before the commission or commissioners or com-
missioner at the time and place fixed in said order, and testify
or iN-oduce the required papers, maps, books, accounts or docu-
ments, or both testify and produce; and upon failure to obey
said order said vritness siiall be dealt with as for ccmtempt
of court.

(c) The state water commission or any commissicm^ii or
commissioner, or any party to a proceeding before the c<mi-
mission or any commissioners or any commissioner, may in
any investigation or hearing before the commission or imy
commissioners or any commissioner cause the depositiim of
witnesses residing witliin or without the state to be taken in
the manner prescribed by law for depositions in civil actions
in the superior courts of this state.

(d) No person shall be excused from testifying or from pro-
ducing any book, map, document, paper or account in any
investigation or inquiry by or hearing before the commission or
any commissioners or commissioner upon the ground that the
testimony or evidence, book, map, document, paper or account
required of tiim may tend to incriminate him or subject him
to penalty or forfeiture. But no person shall be prosecuted,
punished or subjected to any penalty or forfeiture toe or on
account of any act, transaction, matter or thing material to
the matter under investigation by said commission, or any
commissioners, or any commissioner concerning which he shall
have been compelled to testify or to produce documentary evi-
dence; provided, that no person so testifying or producing shaU
be exempt from prosecution and punishment for any perjury
committed by him in his testimony.

Sec 5. A full and accurate record of business or acts ptt-
formed or of testimony taken by the commission or any mem-
ber or members thereof in pursuance of the provisions of this
act shall be kept and be placed on file in the office of said
water commission.

Sec. 6. The state water commission shall take, charge and
collect the following fees: for copies and records not required .
to be certified or otherwise authenticated by the commission,
ten cents for each folio; for certified copies of official docu-
ments and orders filed in its office, fifteen cents for each folio,
and one dollar for every certificate under seal affixed thereto;
tor certified copies of evidence and proceedings before the
commission, fifteen cents for each folio. The commission may
fix reasonable charges tor publications issued under its author-
ity. All fees charged and collected under this section stiall be
paid, at least once each week, accompanied by a detailed state-
ment thereof, into the treasury of the state.

Sec. 7. For the purpose of carrying out the provisions of
this act the state water commission is authorized to pass such
necessary rules and regulations as it may from time to time
deem advisable, and to appoint and remove at Its pleasure a
secretary who shall have chaise of its books and records and
perform such other duties as from time to time may be pre-
scribed and whose salary shall be fixed by the water com-
mission; and the state water commission may also employ such
expert, technical and clerical assistance, and upon such terms,
as it may deem proper. -

Sec. 8. For the purpose of carrying out the provisions of
this act the sum of fiity thousand dollars is hereby m)propriated
for the fiscal years 1913-1914 and 1914-1915 out of any mcmey
in the state treasury not otherwise appropriated; and the state
controller is hereby authorized and directed to draw warrants
upon such sum from time to time upcui the requisition of the
state water commission approved by the state board of control,
and the state treasurer is hereby authorized and directed to pay
such warrants.

Sec 9. All Indebtedness incurred for salaries, and all
necessary costs in traveling and other expenses of said com-
mission, imd each of its members and persons employed by it,
while actually engaged in the business of said commission, shall
be paid by the state out of the fmids hereby appropriated,
upon the sworn statement of the person or persons incurring
such indebtedness, and upon the requisition of the state water
commission, approved by the state board of control, and the
state controller is hereby authorized to draw warrants upon
the state treasurer for said indebtedness, salaries, costs and
expenses, as provided by law for the payment of similar costs
and expenses and the drawing of similar warrants.

Sec 10. The state water commission is hereby authorized
and empowered to investigate for the purpose of this act all

Forty-three ^|



streams, stream systems, portions of streain systems, lakes, or
other bodies of water, and to talte testimony in regard to the
rights to water or the use of water therem or thoreln, and to
ascertain whether or not such watery or any portion thereof,
or the use of said mter or any portion thereof, heretofore
filed upon or attempted to be appnjj^ited by sny per8aD> flhn,
assodatlon, or conxntion, is approprfBted vnd» the laws of
this state.

Sec 11. AU water or the use of water which has never
been appropriated, or which has been heretofore approprlafed
and which has not been in process, ft-om the date of the initial
act of appropriation, of being put, with due diligence in pro-
portion to the magnitude of the work necessary properly to
utilize tor the purpose of such appropriatim such watear or the
use of water, or which lias not been put, or vMch has ceased
to be put to some useful or benefldi^ purpose, or wbidi may
hereafter be appropriated and cease to be put, to the useful or
beneflcial purpose for which it was appropriated, or vAiiiAi in
the future may be appropriated and not be, in the process of
being put, from the date of the initial act of appropriatioa, to
the useful or beneflcial purpose for which it was appropriated,
with due diligence in proportion to the magnitude of the wtnit
necessary properly to utilize for the purpose of such vpropria-
tion such water or the use of water, is hereby declared to be un-
appropriated. And all waters flowing in any rirer, stream,
canyon, ravine or other natural channel, excepting so far as such
waters have been or are being applied to useful and beneflcial
purpose upon, or in so far as such waters are or may be reason-
ably needed for useful, and beneflcial purposes upon lands riparian
thereto, or otherwise appropriated, is and are hereby declared to
be public waters of the State of California and subject to appro-
priation in accordance with the provisions of this act. If any
pcn-tion of the waters of any stream shall not be put to a useftd
or beneficial purpose to or upon lands riparian to sudi stream
for any continuous period of ten consecutive years after the pas-
sage of this act, such non-application shall be deemed to be
conclusive presumption that the use of such pensions of the
waters of such stream is not needed upon said riparian lands
for any useful or beneflcial purpose; and such porti(m of the
waters of any stream so non-applied, unless otherwise appro-
priated for a useful and beneficial purpose is hereby declared
to be in the use of the state and subject to appropriation
in accordance witii the provisions of this act. Li any case
where a reservoir or reservoirs have been or Shall hereafter
under the provisions of this act be constructed or surveyed,
laid out and proposed to be constructed for the storage of
water for a system, which water is to be used at one or more
points under appropriations of water heretofore or hereafter
made, which appropriations and rights thereunder are now, or
shall hereafter be held and owned by the person or corporation
owning such reservoir site or sites and constructing such res-
ervoir or reservoirs, such reservoir w reservoirs and appropria-
tions and rights shall, in the discretion of the state water
commission, constitute a single enterprise and unit, and woiii
of constructing such reservoir or reservoirs, or any of them,
or work on any one of such appropriations shall, in the discre-
tion of said commission, be sufficient to maintain and preserve
all such applications for appropriations and rights thereunder.

Sec. 12. The state water commission shall have authority
to, and may, for good cause shown, upon the application of
any appropriator or user of water under an appropriation made
and maintained according to law prior to the passage of
this act, prescribe the time within which the full amount of
the water appropriated shall be applied to a useful or bene-
flcial purpose; provided, that said appropriator or user shall
have proceeded, with due diligence in proportion to the mag-
nitude of the project, to carry on the work necessary to put
the water to a beneflcial use; and in determining said time said
commission shall grant a reasonable time after the construction
of the works or canal or ditch or conduits w storage system
used for the diversion, conveyance or storage of water; and in
doing so said commission shall also take into consideration
the cost of the application of such water to the useful or
beneflcial purpose, the good faith of the appropriator, the mar-
ket for water or power to be supplied, the present demand
therefor, and the income or use that may be required to pro-
vide fair and reasonable returns upon the investment and any
other facts w matters pertinent to the inquiry. Upon pre-
scribing sudi time the state water commission shall issuv a
certificate showing its determination of the matter. For good
Forty-four



cause Sbown, tlie s(»te futv eomiQlssiaD may extend the
by granting further certifleates. And, for the time so
scribed or extended, the sal<f appropriator or user shall
dsemed to be patting said water to a beneflcial use.

And if at sny time it shall appear to the state water

mlSBlon, ofior s bearing ef the parties Interested and an

f jBtiga tiWH that ftn ML capaeify of the mitto built or

stroctedi or btltng bunt or CBOStnicted, under an appro]

of water or the ttse thereof made under the provisions of

act has not developed or can not develop the full capacity

the stream at the point where said works have been or are

log built or constructed, and that the holder of the said

propriation will not or can not, within a period deemed to

reasonable by the commission, develop the said stream at

point to sudi a capacity as the commission deems to be

quired by the public good, then and in that case the said eq

missimi, in its discreticm, may permit the joint occupancy t

use, with the holder of the appropriation, to the extent neei

sary to develop the stream to its full capacity or to such pi

tlon of said capacity as may appear to the state water eq

mission to be advisable, by any and all persons, firms, assod

tions, or corporations applying therefor, of any dam, tuoq

diversion works, ditch, or other works or constructions alrei

built or constructed or In process of being built or construe!

under this act; provided, Uiat said conunission shall take i|

consideration the reasonable cost of the original and new wa

the good faith of the applicant, the market for water

power to be supplied by the original and the new work, and I

income or use that may be required to provide fair and reasi

able returns upon such cost; provided, further, that the apg

cant or applicants shall be required to pay to the party

parties owning said dam, tunnel, diversion works, ditch, i

other works or constructions a pro rata portion of the to

cost of tiie old and the new works, said pro rata pmtion to i

based upon the propcnlion of the water used by the origb

and the subsequent users of said dam, tunnel, diversion woj

ditch, or other works or constructions, if the water is used

to be used for irrigation or domestic purposes; or. If Uie wa|

is used or to be used for the generation of electricity, or ek

trical or other power, the said pro rata portion shall be baa

upon the relative amount of electricity or electrical or o^

power capable of being developed by the original and the a

works; or, if a portion of the water utilized under a joint oa

pancy of any dam, tunnel, diversion works, ditch, or ot]

works (M* construction, shall be used for the purpose of irri|

tlon and another portion of said water shall be used for 1

generation of electricity or electrical or other power, then i

in that case the applicant or applicants for joint occupM

shall be required to pay to the party or parties owning 8^

dam, tunnel, diversion works, ditch, or other works or e^

structions a pro rata portion of the total cost of the old i(

new W(H-ks, said pro rata pwtion to be based upcm the propj

tlon of the relative amount of water used by each joint od

pant and the income derived by each said joint occupant ft

said joint occupancy; or, if any of the waters used under si

joint occupancy shall be utilized for purposes other than tin

specifled above, then and in that case the applicant or spA

cants for such joint occupancy shall be required to pay to )

party or parties owning said dam, tunnel, diversion works, cSti

or other works or constructions, such a pro rata portion of 1

total cost of the old and new woriss as shall i4)pear to 4

state water commission to be just and equitable. Said apfi

cant or i^pllcants shall also be required to pay a iut)per f

rata share, based as above, of the cost of maintaining art

dam, tunnel, diversion works, ditch or oth^ works or constrti

tions, on and after beginning the occupancy and use thml

Furthermore, the state water commission if it i^pears to I

said commission that the full capacity of the works built \

constructed, or being built or constructed, under an apifl

priation of water or the use thereof under this act, will ■

develop the fall capacity of the stream at that point, and i

i^pears to the commission that the public good requires I

and the commission speciflcally so flnds after investigatii

and hearing of the parties interested, may permit any perM

flrm, association or corporation to repair, improve, add U

supplement, or enlarge, at his or its proper cost, charge m

expense, any dam, tunnel, diversion works, ditch, or other woil

or constructions already built or constructed or in process i

being built or constructed under the provisions rrff this act, m

to use the same jointly with the owners therec'if; provided, Um



e said repairing, improving, sddiiig to, supplementing, er eo>
pging, Shan not materially Interfere with the proper use
end by the owner of said dam. tunnel, diversion worte, ditch,
other works or constructions or shall not materially injure
id dam, tunnel, diversion world, ditch or other works or con-
roctioDS. And the state water coQunissiao shall determine
e pro rata and other' eosts provided f or io this seetioo.
Sec IS. All rights granted or dedared by this act shall be
eertained, adjudicated and determined in the manner and by
e tribumds as t>rovided in this act.
Sec 14. This act shall hot be held to bestow, except as
pressly provided in this act, upon any person, firm, assocla-
n or corporatloii, any right where no such right existed prior
the time this act takes efTect.

Sec 15. The state water commission shall allow, under
e provisions of this act, the appropriation of unapproiHiated
Iter or of the use thereof, or of water or of the use thereof
Idch may hereafter ceade to be appropriated, or which may
reafter bo declared to be unappropriated, or which, having
«! used under claim of riparian proprietcN^hip or appropriation
^ its way back into a stream, lake or other body of water
id also such water as is declared under section eleven of this
It to be subject to ^propriation.

Sec 16. Every application for a permit to appropriate water
All set forth the name and post-offlce address of the appli-
nt, the source of water supply, the nature and amount of
^ proposed use, tlie location and description of the proposed
ttdworks, ditch, canal and other works; the proposed place of
tversion and the place where it is Intended to use the water;
te time within which it is proposed to begin construction, the
Ime required for completion of the construction, and the time
MT the complete application of the water to the proposed use.
I for agricultural purposes, the application shall, besides the
bove geno^ requirements, give the legal subdi^sions of the
md and the acreage to be irrigated, as near as may be; if for
ewer purposes, it shall give, besides the general requirements
Scribed above, the nature of the woHeb by means of which
be powo" is to be developed, the head and amount of water to
^ utilized, and the use to which the power Is to be applied; if
it storage in a reservoir, it shall give, in addition to the general
fiqnirements prescribed above, the height of dam, the capacity of
lie reservoir, and the use to be made of the impounded waters;
t for municipal water supply, it sludl give, besides the general
equirements specified above, tlie present population to be
erved, and, as near as may be, the future requirements of the



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 14 of 36)