172 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 



shall cause it to be measured conformably to the ordinance, leaving the overplus to the nation for 

 proper uses. 



it he contravenes these conditions he shall lose his right to the land and it shall be denounceable 

 by another. 



Wherefore 1 order that, this present title being held as firm and valid, entry be made of it in the 

 book to which it belongs, and it is to be delivered to the interested person for his security and other 

 ends. 



Given in the city of Los Angeles on the 27th of January, 1843. 



Man'l MlCHELTORENA. 



Man's Isirexo, Secretary. 



(Translation certified by George Fisher, secretary. ) 



When we remeni1)er that the Mexican Government has never at an}' time in its 

 historj' recognized the doctrine of exclusive riparian ownership in water, and has 

 always insisted on the right of citizens and commimities to appropriate water for 

 beneficial use under proper regulations, the presumption involved in the making and 

 accepting of the Gordon -Moore deed i.s stupendous. 



In 1860, after the necessary .step.s had been taken toward quieting title to these 

 Mexican grants, the United States Government issued a patent for the Gordon grant. 

 This patent, after reciting the necessary land descriptions, confirms the grant to 

 Gordon in terms as follows: 



Know ye: That the United States of America, in consideration of the premises and pursuant to 

 the provisions of the act of Congress aforesaid of March 3, 1851, have given and granted, and by these 

 presents give and grant unto William Gordon, and to his heirs, the tract of land embraced and 

 described in the foregoing survey, but with the stipulation, that in virtue of the fifteenth section of 

 said act the confirmation of this said claim and this patent "shall not affect the interests of third 

 persons." To have and to hold the said tract with the appurtenances unto the said William Gordon 

 and to his heirs and a-ssigns forever with the stipulation aforesaid. 



In testimony whereof, etc. 



By the President: 



James Buchaxax. 



Washington, February 4, 1860. 



What exclusive rights this patent or the Mexican deed conveyed is not apparent. 



Moore also bought from one Thomas Harbin, at that time the principal owner of 

 the Hardy gi'ant, 200 acres of land lying along Cache Creek and the right of way 

 for his ditch across a portion of Harbin's other lands. The clau.se of Harbin's deed 

 to Moore referring to the right of way was later made the basis of a claim on the 

 part of Moore that he had purchased all riparian rights on Cache Creek below 

 the head of his ditch; and, as it will be necessary to refer to this later, the clause is 

 here quoted: 



And the said party of the first part (Harbin) for the consideration aforesaid further grants, 

 V>argains, and sells and aliens and conveys unto the said party of the second part (Moore), his heirs 

 and assigns forever, the right, title, and privilege of bringing water to the said tract or parcel of land 

 (the 200 acres purchased) by means of a canal or ditch from Cache Creek over and across any lands or 

 real estate owned, sold, or claimed by said i>arty of the first part, and situated between the tract 

 or parcel of land and real estate aforesaid, and a certain other tract or parcel of land claimed and 

 owned by said party of the second part under an agreement of jiurchase from one William Gordon. 



This on its face is a deed to right of way across the Harbin lands lying between 

 the tract purchased from Gordon and the tract conveyed in the preceding clauses of 

 this deed. But the woi-ding is ambiguous, and it may be that Harbin intended to 

 give a right to water for 200 acres which should take precedence over the rights 



