Sevejstty-Thied Annual Report 1179 



The public is benefited by improvement of the liealthfnlness 

 of the roiiion, by the conservation of its natural resources, by the 

 increased food supply, by the increased volume of business arising 

 from such increased production, and by the general beautifieation 

 of the landscape. 



Wet land is widely distributed in the state and ranges all the 

 v»'ay from the most pronounced swamp to those lands which are 

 slio'htlv too wet. They rane;e in arra from small tracts entirely 

 within the bounds of one owner to large areas owned in many 

 separate parcels. They range from those hill lands with very little 

 question of outlet to those flat areas where large canals must be 

 constructed for long distances to give adequate outlet. 



In this fact of the large area of some tracts of wet land and 

 the necessity of other areas to obtain an outlet across lands owned 

 by another person, arises the first need for statutory regulation of 

 surface waters. The common law simply recognizes the natural 

 flow of water in natural channels and would preserve such move- 

 ment. Statutory law is designed to modify the common law with 

 reference to surface waters in the interests of the public health 

 and the public welfare. 



The legislation with reference to drainage and in recognition 

 of the public benefit it confers, has been of two sorts: First, that 

 which seeks to facilitate drainage by the provision of legal ma- 

 chinery. Such laws j)rovide for the voluntary or compulsory 

 cooperation of individuals to that end. Second, the state has 

 directly contributed financially to the support of this legal ma- 

 chinery and to actual construction of drainage works. This sup- 

 port has been contributed publicly through either local or general 

 taxation accordinalv as the benefits were considered to be local or 

 general. 



The first type of legislation seeks to aid the individual to secure 

 an outlet for the drainage water from his land by specifically 

 recognizing land drainage as a public benefit, thereby permitting 

 the use of the principle of eminent domain. (Code Civil Pro- 

 cedure, §§ 3357-339T.) This recognition on account of improved 

 health has long existed, but it is only in recent years that drainage 

 for purely agricultural purposes has been recognized as of suffi- 

 cient, DTiblic benefit to justify the use of this same machinery. 



