STATE CONTROL OF STREAMS. 53 



hereinafter mentioned, vest in the Crown. And in the exercise of tliat right the Crown, by its officers 

 and servants, may enter any land and talce such measures as may be tliought fit or as may be prescribed 

 for the conservation and supply of such water as aforesaid, and its more equal distribution and 

 beneficial use and its protection from pollution, and for preventing the unauthorized obstruction of 

 rivers. For the purposes of this subsection "occupier" includes the Crown. 



(II) The said right shall be subject to the following restrictions: 



(a) It shall not be exercised in contravention of any right conferred on and lawfully exercisable 

 by any person, company, corporation, or lx)ard by or under the authority of any act dealing with 

 mining, or of any public or private statute or of any license granted by the Crown. 



(6) It shall \>e silbject to the rights, of the occupiers of land on the banks of rivers or lakes as 

 hereinafter defined. 



(c) It shall be subject to the rights of the holders of licenses under this act. 



2. The occupier of land on the bank of a river or lake shall have the right to use the water then 

 being in the river or lake for domestic purposes, and for watering cattle or other stock, or for gardens 

 not exceeding five acres in extent used in connection with a dwelling house, and it shall not be 

 necessary for the occupier to apply for or obtain a license for any work used solely in resjiect of that 

 right. 



10. The license, if granted, shall in ev-ery case except Class IV be granted for a period not 

 exceeding ten years, and shall (subject to the provisions of this act, with regard to the renewal of 

 licenses and subject to such limitations and condition as the minister may think fit to make) be 

 renewed by the minister from time to time on the application of the jierson holding the license, on the 

 payment of a fee calculated in the manner and according to the scale set forth in the schedule to this 

 act: Provided, That no renewal shall l)e for a longer j)eriod than ten years. 



13. A license shall be deemed to be held by and shall ojierate and inure for the benefit of the 

 lawful occupier for the time being of the land whereon the work is constructed or is proposed to be 

 constructed. 



NEED OF ADEaUATE STATE CONTROL OF STREAMS. 



Typical homes, gardens, and orange gi'oves of southern California are 

 reproduced in illustrations of this report. They sliow the beautiful land- 

 scapes which irrigation has created and is destined to create. With other 

 illustrations they serve to show the skill and success with which water is 

 used, and Mr. Schuyler's report gives some remarkable examples of efficiency 

 in distribution and high duty. The men who are displaying such skill and 

 industry deserve well of the State. They ought not to have to work in this 

 manner and watch for the sheriff at the same time, or to be compelled to 

 leave their work to seek the sheriff's aid. This they sometimes have to do 

 in California. In reply to an inquiry as to how he obtained his share of a 

 stream, one gentleman said he first got a court decree, and then shipped in 

 two men from Arizona who were handv with a g'un. As a rule, irrig-ators 

 and ditch owners are law abiding. Their dependence on the law and 

 respect for it as a relief from worse conditions is often pathetic in the light 

 of what it fails to do. Sometimes, however, exasperated and indignant 

 appropriators from below make raids on the headgates and dams above, 

 and scenes of lawlessness, loss, and violence are the result. The jjossibility 

 of this is such that many iri*igation contracts stipulate that water will be 

 furnished if its delivery is not prevented by "unlawful invasion or 



