306 WATER MONOPOLY AND IRRIGATION. 



On motion, it was further resolved : 



1 That his Excellency, the Governor, is especially called to urge upon the com 

 ing Legislature the propriety of appointing a special commission, with power to 

 visit all parts of the State, to examine into the above questions, and to report at 

 the earliest practicable moment, in the coming session of the Legislature. 



2. That Generals Volney E. Howard and John 11. McCounel, and Geo. H. 

 Smith, Esq., be requested to draw a suitable water bill for Los Angeles county, 

 in conjunction with the above named committee, and with our Legislative dele 

 gation, and that it be done in time for the coming Legislature. 



An address was then given by ex-Governor Downey, which 

 was extensively read and circulated, and is so replete with val 

 uable suggestions as to require no apology for its introduction 

 here. He said: 



I approach this subject, of so much importance to Los Angeles 

 county and the people of the whole State, with a degree of fear that 

 individual interests will clash with any system that may be proposed 

 for the general good. First of all, the paucity of rainfall renders 

 irrigation a necessity for the greater part of our lands. Secondly, 

 as a fertilizer it perpetually renovates our fields, as the waters carry 

 in solution nearly all the elements required for the organic compo 

 sition of vegetable life. Thirdly, it enables the farmer to select his 

 time of planting and harvesting; and, fourthly, it enables him to 

 destroy the numerous pests that infest his soil, in the shape of 

 squirrels, gophers, rats, etc. I do not propose to deprive any man 

 of the use of water that he now has, nor do I think that any Legis 

 lature would attempt to legislate away any rights vested or acquired; 

 but for the good of the whole State, I suggest that the Common 

 wealth assert its jurisdiction over every stream in the State, and en 

 act such equitable laws as will extend their usefulness to their ut 

 most capacity. The riparian rights, or proprietary rights, main 

 tained in England and recognized in many of our States as the law 

 governing rivers and streams, do not apply to California. The laws 

 of Spain and Mexico retained these in their sovereign capacity, 

 and the State of California falls heir to this precious inheritance for 

 the benefit of its citizens. It will be seen by an examination of the 

 eight hundred and odd grants made to citizens of this State by 

 those governments that this right is expressly reserved to the nation 

 as public servitiidis. If, then, our Legislature assumes its proper 

 jurisdiction it will be no stretch of power to prescribe the mode 

 and manner of the distribution of this important element, and settle 

 at once a subject that has given so much annoyance. 



The law of proprietary rights existing in England was once the 

 law of France and the other continental communities, but Louis 

 the Fourteenth had the wisdom to see that it was embarassing the 

 welfare of the nation, and that wise monarch caused the nation to 

 assume exclusive control of the arteries of the nation s wealth, and 

 his example has been followed by others. The Eepublic of Chili 

 has done likewise, and to this fact the beautiful system of irrigation 

 of Chili and Lombardy is indebted. 



There is, without doubt, sufficient water passing annually through 

 this valley, under proper management, to irrigate all the land be- 



