170 IBEIGATION INVESTIGATIONS IN CALIFORNIA. 



These tables do not include any of the filings on the tributaries. After the 

 filings are found in the records there is no means of determining which of the claims 

 have been perfected by the construction of works and the use of water. They all 

 appear on the record as of equal force. The only way to determine definitely which 

 of the appropriations have been used is by a careful survey and inspection of the 

 stream and each of its tributaries from which water is claimed from their sources to 

 where Cache Creek loses itself in Sacramento Slough. In so doing we discover that 

 most of the claims ended with the posting and filing. Only three of the claimants 

 ever attempted to construct works, and only those of the Yolo orchard are now in use. 

 Of the recorded claims to the waters of Cache Creek, in Lake Count}', not one 

 advanced beyond the stage of filing. There is a curious sameness of thought and 

 language in the filings at Grigsby Riffle and Fowler Mill, which would indicate that 

 it was the same moving spirit that brought about all these filings, and that the sole 

 purpose was to shut out and deter any who might, in good faith, seek to appi'opriate. 



On the other hand, we find manj' appropriations of which there is no record. 

 The appropriators have never made filings and have been fortunate enough or insignifi- 

 cant enough to keep out of court. The California courts have held that the failure 

 to file a claim does not in any way impair the right, except that the appropriation 

 dates from the beginning of the work instead of from the date of posting notice. 

 The extent of these unrecorded appropriations can be determined only by careful 

 survey of the lands irrigated and an inspection of the works used for diversion. 

 There are 6-1: recorded claims for water from Cache Creek. Forty-six of these are 

 for water delivered under a 4-inch pressure. The total aggregate of these *i6 claims 

 is 2,230,000 inches. One claims 20,000 miner's inches; another, 600 cubic feet per 

 second; a third, 5,000,000 inches per second. Four other claims are for cubic inches 

 of water used under a -l-inch pressure. The aggregate of these four claims is 2,100,000 

 of the kind of unit described, whatever that may mean. Another wants 4,460,544,000 

 cubic feet and water for evaporation. Not counting the 2,100,000 cubic inches under 

 a 4-inch pressure and the " 4,460,544,000 cubic feet and water for evaporation," there 

 remains an aggregate of 7,380,000 inches, equal to 147,600 cubic feet per second. 

 For all this array of filings and figures there is in operation under these claims one 

 lone pumping plant using 8 cubic feet per second. As against the one party with the 

 regular filing, who uses water from Cache Creek, there are thirteen persons using 

 water without filing. The fact that they are below the Moore Ditch and content them- 

 selves with what escapes diversion at the dam has thus far enabled them to avoid 

 trouble. Under the present system it is only a question of time when controversy 

 will arise and all these rights will have to get into court. Trouble is inevitable. 



Want of space forbids the publishing of the abstract of filings on the tributaries 

 of Cache Ci'eek and Clear Lake. They are of the same general character as those on 

 Cache Creek and many of them equally absurd. It is sufficient to say that out of 49 

 claims on record 5 are in use on areas ranging from 2 to 30 acres. Double this num- 

 V)er arc using the water without filing. The records in these counties are not excep- 

 tional. In every county in California which I have had occasion to investigate and 

 in every other State where this system of posting and filing prevails, the same 

 conditions hold. Anything more ineffectual and misleading than such a record would 

 be difficult to conceive. 



