FEATURES AND WATER RIGHTS OF YUBA RIVER. 129 



philosophical basis. A better system must be the product of gi-adual corrections of 

 existing evils and the prevention of future conflict by the introduction of system 

 and control. 



(3) What haa been the influence of the doctrine of riparian rights on the success of irrigation, 

 and what modifications of this doctrine are suggested? 



Riparian rights have prevented and retarded irrigation development. When 

 riparian rights were adopted with the common law irrigation was not considered. If 

 possible, the riparian right should be i-estricted to low-water discharge of streams, 

 and this discharge determined bj' proper authority. Storm, or extra seasonal waters, 

 should be subject to appropriation and storage, or all excess over low- water discharge 

 be subject to appropriation for domestic or industrial use. 



(4) Is the present system of stream control, or lack of it, and of dividing water between the 

 different ditches which divert the common supply satisfactory? If not, what form of administration 

 or control should take its place? 



All waters in excess of low-water discharge should be declared the property of 

 the State and made subject to appropriation under State control and supervision. 

 Streams should be gaged and the volume of low-water discharge determined. 

 Existing rights should then be determined and adjudicated, and future appropria- 

 tions regulated according to the supply available. 



(5) Should there be a State engineer, and what should be his duties? 



This State has had an unfortunate experience in this matter. A broad and 

 general law was drawn in 1878, which, by reason of antagonistic rights and unfortu- 

 nate attempts to execute certain public works, grew into general disrepute. No 

 State in the Union can be more benefited than California by a wise and unselfish 

 administration and control of its water supply. An attempt to re-create the oflice of 

 State engineer would be strongly opposed. There should be a department of public 

 works, at the head of which should be three competent and experienced civil engineers 

 of high standing. 



This department should consolidate the work of river and swamp-land improve- 

 ments, drainage and irrigation, highways and public buildings; and, upon a proper 

 basis, would save expenditures now made upon these lines. The first members should 

 be appointed for one, two, and four years, respectively, and thereafter for four 

 years. 



There has been expended over $20,000,000 on river improvement and swamp- 

 land protection, much of which has been expended without system and without 

 engineering supervision. Hence, no adequate returns have been had. 



The outstanding bonded indebtedness of irrigation districts is over $16,000,000. 

 The returns are far from being satisfactory. The annual expenditures upon highways 

 are about $2,000,000, most of which is injudiciously and wastefully expended. The 

 expenditures of these vast sums would have been more remunerative if systematically 

 directed by a properly constituted department of public works. 



The expenditures mentioned above, which aggregate $38,000,000,' will necessarily 



' Includes only one year's expenditures on highways. See Report Bureau of Highways, 1897, and 

 Department of Highways, 1899. 



23856— No. 100—01 9 



