56 ORANGE CULTURE IN CALIFORNIA. 



providing that while the right to water may be obtained by ap- 

 propriation, the appropriation must be for a useful or beneficial 

 purpose, and that when the appropriator ceases to use it for 

 such useful or beneficial purpose, the right ceases. The limita- 

 tion of the ownership of water to its beneficial use is all in the 

 interest of the people, and if observed in good faith, it is a most 

 salutary protection. But the appropriator has so wide a range 

 of beneficial uses that, without further safeguards, the people 

 would still be left very much at his mercy. The rights of the 

 appropriator are quite fully guarded, but his duties are not so 

 clearly defined. Considering the crude notions of vested rights 

 that have heretofore prevailed, it is perhaps not to be wondered 

 at that so many corporations have adopted the idea that they 

 have many rights, but no duties, while the people dependent 

 on them have many duties, but no rights. As this seems to 

 have been the popular view in the past, and to have wrought 

 many hardships on confiding people, let us consider, on this oc- 

 casion, the duties of water companies, and the rights of people 

 depending on them. 



"Settlement by colonies is becoming the favorite method of 

 peopling the unoccupied portions of our State. Some of these 

 are composed almost entirely of Eastern people. A few persons 

 organize themselves into a company or corporation, obtain a 

 considerable tract of land, appropriate a considerable supply of 

 water, and then advertise for settlers. A large number come 

 from the Atlantic States, bringing their all, and investing it in 

 these colonies. Confiding in the good faith of these companies, 

 they buy lands, build dwellings, and plant orchards, vineyards, 

 and orange groves. These colonies expand until the water sup- 

 ply is not sufficient for the land sold or occupied. Then the 

 confiding settler begins to inquire about his claim on the com- 

 pany for his water supply. And what if the* company coolly 

 inform him that they intended to treat him well, but that he 

 has no legal claim for water from their ditches on any terms? 

 If it suit their convenience, they will sell him water; but they 

 say it is entirely optional with themselves. The settler then 

 wakes up to the fact that he has placed himself entirely at the 

 mercy of others; that is, he is at their mercy if the law is what 



