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water therefrom. Said examination may include the gathering
of vdiatever data covering said stream, stream system, lake or
other body of water and the various ditches and canals taking
water therefrom as the said commission may require, as well
as such other data and information as may, in the discretion
of the said commission, be necessary to enable it properly to
ascertain the relative rights of the parties claiming rights to
use the waters of said stream, stream system, lake, or other
body of water. The results of said examination shall be filed
in the office of said commission and be open to public inspec-
tion as provided in this act for the filing and- public inspection
of other evidence of a like nature.

Sec 31. As soon as practicable after the hearing of testi-
mony and evidence, the hearing of contest, and the gathering
and filing of such data and information as the water com-
mission shall, of its own motion, direct to be gathered, the
said water commission shall record in its office Its ascertain-
ment of and specific findings upon the rights of the several
claimants to the use of the waters of any stream, stream sys-
tem, lake or other body of water. Immediately thereafter,
the said water commission shall file a certified copy of said
ascertainment and specific findhigs together with the original
evidence and testimony taken before it and all data and in-
formation gathered by its order with the clerk of the superior
court in and for the county in which such stream, stream sys-
tem, lake or other body of water or any part thereof is situated.

Sec. 32. After the filhig vdth the clerk of the superior
court of the evidence, data. Information, specific findings and
ascertainment as required by section 31 of this act, the same
shall be received in the superior court as prima facie evidence
of the facts, specific findings and ascertainment therein ^set
forth. And at any time within one year after such filing, an

Forty-seven^



action may be brought, upon the direction of the atate water
commission, by the attorney general in said superior court
in which said evidence, data, information, specific findings
and ascertainment shall have been so filed. Or aa iction
may be brought in said court by any ooe or more of the po8»
sessors or claimants ccmeflroiog wbosi rigbts to aoy of the
waters of the stream# stream system, labe or otfaff body of
water the state water commissloo shall bife iQ»de the spegUlc
findings and ascertainmeot filed in said court. Said actioo if
brought by the attorney general shall be brought in the name
and behalf of the people of the State of California to quiet
the title of the State of California or the people thereof to
any and all water or water rights whidi it may have in or (Xi
said stream, stream system, lake or other body of water, and,
to cause all parties whose rights have been so ascertained to
appear and interplead in said action in defense and determina-
tion of each and all of their respective rights, wliidi rii^ts,
as against the state and with regard to the different rights
and priorities of said rights among themselves, shall be deter-
mined by the court in said action. And if an action be
brought by any one or more of said claimants or possessors,
said action may be brought in the name of the said possessor
or claimant and to cause all parties, whose rights have beoa
ascertained, to appear and interplead in said action in defense
and determination of each and aU of their respective rights,
which rights, as against the state or the people tliereof, and
with regard to the different rights and priorities of said
rights among themselves shall be determined by the court in
said action. And from and after the filing of the complaint
in such action, the proceedings therein shall be as in oilier
cases heard and determhied in said court, and in accwdance
with the provisions of the Code of Civil Procedure of this
state; provided, that the evidence, data. Information, specific
findings and ascertainment so filed with the superior court as
provided in section 31 of this act must be considered by said
court in its determination of both or either of said actions,
and the court may affirm, modify or reject such specific find-
ings and ascertainment and may make other or different findings
as in its judgment the evidence justifies.

Sec. 33. All existing lawful appropriations of water or
the use thereof, shall be and hereby are respected and upheld
to extent of the amount of water impropriated and actually
put or in process of being put, from the initial date of the act
of appropriation, with due diligence in proportion to the mag-
nitude of the work necessary properly to utilize the water for
the useful or beneficial purpose for which it was appropriated,
or for whidi it is being used.

Sec. 34. Whenever proceedings shall be instituted for the
ascertainment by the state water commission of rights to
water or the use of water, it shall be the duty of all claimants
interested therein and having notice thereof as in this act
provided to appear and submit proof of their respective claims
At the time and in the manner required by law; and any such
claimant who shall fall to appear In such proceedings and
submit proof of his claim shall be barred and estopped from
subsequently asserting any rights theretofore acquired upon
the stream, stream system, lake or other body of water, or
portion of such stream, stream system, lake or other body of
water, embraced in such proceedings, and shall be held to
have forfeited all rights to said water or the use of water
theretofore claimed by him on such stream, stream system,
lake or other body of water, unless entitled to relief under the
laws of this state; provided, that such proceedings shall result
in an ascertainment by the state water commission and a de-
cree by the superior court based upon such ascertainment and
specific findings or a modification of said ascerUdnment cr
specific findings.

Sec. 35. In any suit wherein the state is or the people of
the state are a party for the determination of a right to the
use of the water of any stream, stream system, lake or other
body of water, or of any portion of any stream, stream system,
lake or other body of water, all who claim the right to use such
water shall be made parties. When any such suit has been
filed the court may call upon the state water commission to
make or furnish a complete hydrographlc survey of such
stream, stream system, lake or other body of water, in order
to obtain all the data necessary to the determlnatloa of the
rights involved. The disbursements made In litigating the
rights involved in such suit may be taxed by the eoort as in
Forty-eight



other equity suits, exclusive of the cost of such hydrogrMd



Sec. 36. Upon the adjudication of the rights to the
of the water of a stream, or stream system, lake or other bo4
of water, or any portion of a stream, stream systeoi, lake
other bo^ of water, a certified copy of the decree shall
prepared by the clerk of the court, without charge, and fOi
In the office of the state water commission, and said coounlssii
shall deliver to every party In such decree a certified co|
thereof upon demand and the payment of the fees provided
this act And the said commission shall file, for record,
the office of the recorder of each county in which any portion
said stream, stream system, lake or other body of water
situated, a certified copy of said decree. Said decree shall
every case declare as to the water right adjudged to «
party, whether riparian or by appropriation, the extent, j
priority, amount, purpose of use, point of diversion, and pU
of use of said water; and, as to water used for irrigation, so
decree shall also declare the specific tracts of land to which
shall be appurtenant together with such other conditions
may be necessary to define the right and its priority. But
failure of any party entitled thereto to demand or receive
copy of said decree shall not be considered to have prejudl(
him or his rights in any way.

Sec 37. Ifce power to supervise the distribution of wal
in accordance with the priorities established under this ai
when such supervision does, not contravene the authority v(
in the judiciary of the state, is hereby vested in the state waj
commission.

Sec 38. llie diversion or use of water subject to the
visions of this act other than as it is in this act authorized
hereby declared to be a trespass, and the state water commis-
sion is hereby authorized to institute in the superior court in,
and for any county wherein such diversion or use is attempted
appropriate action to have such trespass enjoined.

Sec. 39. Water or the ose of water which has heretofore
been appropriated or acquired, or which shall hereafter be ap-
propriated or acquired for one specific purpose shall not be
deemed to be appropriated or acquired tw any other or differ- 1
ent purpose. And any person, firm, association or corporatioa
applying to the state water commission for a license to appro-
priate water or the use of water shall state in the application
for said license the specific purpose to which it is proposed to
put such water or the use thereof. Water heretofore or here-i
after appropriated for other than domestic use, may be applied j
to domestic use, in whole or in part, without a separate andj
distinct appropriation being made therefor. And water appro-
priated for one purpose under the provisions of this act may be ,
subsequently appropriated for other purposes under the pro-
visions of this act; provided, that sudi subsequent vproi»1ation
shall not injure any previous appropriation.

Sec 40. Hie state water commission is also authorized!
and empowered to investigate any natural situation available!
for reservoirs or reservoir systems for gathering and distributing
flood or other waters not under beneficial use tn any stream,
stream system or lake or other body of water, and to ascer-
tain the feasibility of such projects, including the supply of
water that may thereby be made available, the extent and
character of the areas that may be thereby irrigated, and
make esthnate of the cost of such project.

Sec 41. Nothing in this act shall be construed as depriv-
ing any city, city and county, municipal water district, irri-
gation district or lighting district of the benefit of any law
heretofore or hereafter passed for their benefit in regard to
the appropriation or acquisition of water or the use of water;
and nothing in this act shall affect or limit in any manner
whatsoever the right or power of any municipality vvhlch has
ho^tofore appropriated or acquired water (H* the use of water
for municipal purposes, to use or to sell or otherwise dispose
of sudi water or the use thereof, either within or without its
limits tor domestic, irrigation or other purposes. In accord-
ance with laws in effect at the time of the passage of this act.
Sec. 42. The word "water" in this act shall be construed
as embracing the term "or use of water"; and the term "or
use of water" in this act shall be construed as emhradng the
word "water." Whenever the terms stream, stream system,
lake or other body of water or water occurs in this act, such
term shall be interpreted to refer only to surface water, and
to subterranean streams flowing through known and definite
But notUng In this act shall be eoostrued aa giving



tnflnDing any right, or title, or Interest to or in the corpus
iny water; provided, that the term "useful or beneficial
HMs" as used in this act shall not be construed to mean
use in any one year of more than two and one half acre
of water per acre in the irrigation of uncultivated areas of
I not devoted to cultivated crops.

ec 43. Nothing in this act shall be eixistrued as depriv>
iny person, firm, association or corporation of the right of
til conferred under the laws of this state.
^ 44. All acts or parts of acts in conflict herewith are
b! repealed.
«t 45. This act shall be known as the 'Crater commis-

IKt"

lee 46. If any section, subsection, sentence, clause or
196 of this act is for any reason tield to be unconstitutional,
1 decision shall not affect the validity of the remaining
Ooos of this act. The legislature hereby declares that it
lid hare passed this act, and each section, subsection,
toce, clause and phrase thereof, irrespective of the fact
t any one or more other sections, subsectioitt, sentences,
ces or phrases be declared unconstitutionaL
And whereas, said regular session of the said
^slature finally adjourned May 12. 1913, and
lety days having not expired since said final
joumment ;

Now, therefore, sufficient qualified electors of
e State of California have presented to the
cretary of state their petitions asking that
Id law and act hereinbefore set forth, so
ased by the legislature and approved by the
fvemor as hereinbefore stated, be submitted to
e electors of the State of California for their
jproval or rejection.

RGUMENT IN FAVOR OF WATER COM-
MISSION ACT.

Full California prosperity without good land
ties would be impossible. The same is true of
ater titles, for California lands need irrigation.
Br land titles are good. Titles to our water
fehts are not good, and can not be made good
feder our present lawa To illustrate :
iFlrst— Our railroad commission valued at
PIS.OOO the property of the East Side Canal

E Irrigation Company. The company said it
spent $300,000 litigating its water rights,
lout settling them.

Second — Certain water rights on Santa Ana

wer have been **flnally settled" four times by

Nr expensive lawsuits. A fifth suit is now

ireatened to •'finally settle" them again.

Thirdn-ln six California irrigation counties

jftre are now over one hundred live water right

^sults — one small county has twenty.

California water rights can not be settled by

^suita There is always some one who can

per sue for their water rights all the water

Wrs on every stream, or can compel them to

N to prevent him from taking their water. If

iJjater user hasn't money to defend his water

|ht as often as he is sued or to sue everybody

*o tries to take it away from him, he loses it

lOur present water laws, therefore, empower

^ men and corporations to law poorer men

Jd corporations out of their water rights, with-

tt which their lands are useless.

Another illustration of the badness of our

^r laws : large areas of fertile Madera county

"is go unirrigated, while enormous quantities

*^ater are wasted in San Joaquin river, be-

fce Miller & Lux, riparian owners on that

Jr will not permit Madera farmers to use the

[wng waters.

Jjch conditions interfere with the prosperity
^allfomia.

■here are no lawsuits over water rights and
' nparian rights in other states, where they
"Water commission lawa
Pjjegon's water commission, in four years,
l^!^ *6ttled over 1,000 water rights, at a cost
yo.OO to each claimant, without a single ap-
w to the courts. Wyoming's water commission,

tj^nty vears, finally settled over 15,000 water
P«. witn only ten appeals to the courts.



This California law is modeled on the Oregon
law. It is being fought by an association of
power and water companies, which spent many
thousand dollars lobbying against it in the legis-
lature and in securing forged and unforged sig-
natures to the petition by which it was submitted
to the ref erendiun.

Our railroad commission stands between the
people and the public service corporations. The
water commission will stand, as water commis-
sions in other states stand, between water users
and the water grabbers and water hogs.

It is not true that the water commission can
take water away from those who have a right to
use it. The law, in terms, recognizes "vested
rights" in the use of water. But the commission
can take water away from those who, only pre-
tending to use it, prevent others from using it
That probably accounts for much of the fierce
corporation opposition to this law. Nor can the
commission unsettle California water rights;
they are already unsettled, and can not be settled
under our present laws. The commission will
cheaply, quickly, finally settle California water
rights, as similar commissions settle them in
other states. Gborob C. Pardee.

ARGUMENT AGAINST WATER COMMISSION
ACT.

This act seeks to place under the control of a
political commission all of the waters of the
state, both of surface and underground stream
or flow. It repeals all existing laws in regard
to the appropriation and use of water, and, if
the proposed commission does not perform its
duty, or is not able, through lack of means or
lack of ability, to handle the vast scheme, we
will have no water law.

It is opposed to the policy of such acts as the
railroad commission act in that it does not tend
to foster enterprise and prevent oppression, but
tends to stifie enterprise and promote oppression.
It goes to the inception and not to the use of
property rights.

It involves unlimited expense. The $15,000.00
to cover the salaries of the commissioners is the
smallest item. What will it cost to make the
ascertainment of a single stream in engineering
expenses? But the commission can not grant
a license to use the water of any stream until
it has made an ascertainment as to how much
water there is and what rights already exist

No water can be taken from a surface or sub-
terranean stream, except under a permit from
the commission* In order to obtain this permit
it is necessary to employ an attorney and engi-
neers, prepare an elaborate application accom-
panied by maps and other data (Sec. 16), all at
large expense. The commission, before it can
grant the permit, must ascertain if there is un-
appropriated water. To do this, it compels all
parties using the waters of the stream to prove
their rights, which necessitates the employment
of attorneys and expert engineers at more ex-
pense. If they do not do this they forfeit their
rights. The decision of the commission is only
an "ascertainment" and is not final, and the mat-
ter may be litigated through the courts. Small
users can not afford this expense. The tendency
will be to take the water from the small users
and put it in the hands of large companies.

It is claimed that this bill will prevent control
of water by monopolies, and will permit larger
appropriations and more general use. This is
incorrect. Under the present law, the right to
the use of water can only be acquired by putting
the water to beneficial use, and when the use
ceases the right ceases. The small user has
equal chance with the large corporations. Under
the bill it will be only large corporations that

Forty-nine



can attord to develop water, and aa £o them the
cost is almost prohibitive. This will retard the
development of the state to a large extent

The power of regulating rates, controlling the
use, and compelling adequate service of water
to the public, is now vested by the state consti-
tution In the state board of railroad commis-
sioners (State Constitution, Art XII, Sec. 23).

Besides the expense and cost of appropriating
the water, there is an annual charge of ten cents
for every miner's inch of water for irrigation;
and $2.50 for each theoretical horse-power up to
100 horse-power, and above that an extra charge,
if appropriation is for power purposes. This



puts a continuing charge, tajL and burden upoi
every approprlator of water, and is equivalen
to general taxation in &a much as it imposes i
special charge upon a special industry that wij
have to be repaid by the public where it is pub
lie use, and borne by the industry itself where 1
is a private use. The consumer ultimately pay
all these expenses.

The act does not give the commission powe
to initiate in any manner the conservation an
preservation of water, but imposes litigation an
a burden upon users of water and the public

6. R. Frbbman.



ABATEMENT OF NUISANCES.

Act submitted to electors by referendum.
Declares nuisance any building or place where acts of lewdness, assignation or prostitutio(
occur, and general reputation admissible to prove existence of nuisance; prescribes procedure fa
abatement thereof ; requires removal and sale of fixtures and movable property used in aid thered
closing premises to any use for one year unless court releases same upon bond of owner ; prescribe
fees therefor, making same and all costs payable from proceeds of such sale, requiring sale o
premises to satisfy any deficiency ; makes fines lien upon interest in premises.



Whereas, the legislatu»*e of the State of Cali-
fornia, in regular session in March, 1913, passed,
and the governor of the State of California, on
the 7th day of April, 1913, approved a certain
law and act, which law and act, together with Its
title, is in the words and figures following,
to wit:

An act declaring all buildings and places nui-
sances wherein or upon which acts of lewd-
ness, assignation or prostitution are held or
occur or which are used for such purposes,
and providing for the abatement and preven-
tion of such nuisances by injunction and
otherwise.
The people of the State of California do enact as
follows :

Section 1. The term **person" aa used in this
act shall be deemed and held to mean and include
individuals, corporations, associations, partner-
ships, trustees, lessees, agents and assigrnees.
The term "building" as used in this act shall be
deemed and held to mean and include so much
of any building or structure of any kind as is or
may be entered through the same outside en-
trance.

Sec 2. Every building or place used for the
purpose of lewdness, assigrnation or prostitution
and every building or place wherein or upon
which acts of lewdness, assigrnation or prostitu-
tion are held or occur, is a nuisance which shall
be enjoined, abated and prevented as hereinafter
provided, whether the same be a public or pri-
vate nuisance.

Sec. 3. Whenever there is reason to believe
that such nuisance is kept, maintained or exists in
any county or city and county, the district attor-
ney of said county or city and county. In the name
of the people of the State of California, must, or
any citizen of the state resident within said
county or city and county, in his own name may,
maintain an action in equity to abate and pre-
vent such nuisance and to perpetually enjoin the
person or persons conducting or maintaining the
same, and the owner, lessee or agent of the
building, or place, in or upon which such nui-
sance exists, from directly or indirectly main-
taining or permitting such nuisance.

Sec. 4. The complaint in such action must be
verified unless filed by the district attorney.
Whenever the existence of such nuisance Is
shown In such action to the satisfaction of the
court or judge thereof, either by verified com-
plaint or afladavit, the court or judge shall allow
a temporary writ of injunction to abate and pre-

Fifty



"I



vent the continuance or recurrence of sud
nuisance.

Sec. 5. The action when brought shall hav»
precedence over all other actions, exceptinj
criminal proceedings, election contests and hear
ings on injunctions, and in such action evidenq
of the general reputation of the place shall bi
admissible for the purpose of proving the exii
tence of said nuisance. If the complaint is file^
by a citizen, it shall not be dismissed by
plaintiff or for want of prosecution except upon
sworn statement made by the complainant ai
his attorney, setting forth the reasons why tl
action should be dismissed, and the dismii
ordered by the court. In case of failure
prosecute any such action with reasonable dill
gence, or at the request of the plaintiff, tl
court, in its discretion, may substitute any su(
citizen consenting thereto for such plaintiff,
the action Is brought by a citizen and the coui
finds there was no reasonable ground or caua
for said action, the costs shall be taxed a^inl
such citizen.

Sec. 6. Any violation or disobedience of eith«
any injunction or order expressly provided for k
this act shall be punished as a contempt of coui
by a fine of not less than two hundred dollai
nor more than one thousand dollars, or by im
prisonment in the county jail for not less tha
one month nor more than six months, or by bo^
such fine and imprisonment

Sec. 7. If the existence of the nuisance be ea
tablished In an action as provided herein, ai
order of abatement shall be entered as a part n
the judgment in the case, which order shall dire<
the removal from the building or place of all fi^
tures, musical instruments and movable propert



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 16 of 36)