230 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 



canals, to ascertain if the water claimed had ever been used. The writer can con- 

 ceive of no more difficult task for the searcher of records than to trace and pass 

 upon the validity of almost any of the older water claims filed in these counties 

 during the last thirty years, naturally the result of the careless and indefinite statute 

 prescribing the form and method of appropriation. 



In order to more clearly show the looseness and indefinit^ness in claiming water, 

 I give herewith some extracts from the records in each of the three counties. 



The following notice is an example of indefiniteness both as to quantity of water 

 claimed and of the locality in which it is to be taken. It will be seen also that no 

 mention is made of the point where the water is to be used: 



Mill Creek, a tribtUary of the North Fork of the San Joaquin. Dated June SO, 1878. 



I hereby give notice that I claim 2 feet of the waters of Mill Creek, same to be measured under 

 4-inch pressure. Said water to be used for irrigation purposes. Said water to be diverted by means 

 of a ditch, to be taken out of said Mill Creek at a point about 10 yards above where the train from 

 Bidenhars to Hurses crosses Mill Creek. 



Another of these earlier claims is as follows: 



North Fork of the San Joaquin. Dated the 8th day of October, 1877. 



Know all men whom it may concern that I, , of the above-named State and county, 



have this 8th day of October, 1877, appropriated and claimed all the water for 1 mile below John 

 Hern's mill, or to the extent of .5,000 cubic inches, measured under a 4-inch pressure, flowing into the 

 North Fork of the San Joaquin River in Crane Valley, in said State and county, to be used as stock 

 water and for agricultural purposes, to remain in its natural channel, along with the privilege of divert- 

 ing 1,000 cubic inches, measured under a 4-inch pressure, from said North Fork, at any ]X)intmost con- 

 venient, within any point from one-fourth to 1 mile below John Hern's mill, in said State and county 

 and valley, to be conducted from said channel by ditch and flume of 3 feet wide and 2 feet deep. 



Recorded 18th of October, 1877, in Book A of Water Rights Records of Fresno County, Cal., 

 page 121. 



Fine Gold Gulch, a tributary of the San Joaquin. Dated 27th day of April, 1878. 



Notice is hereby given that we claim the waters of this stream and all its tributaries from this 

 point up, to the amount of 5,000 cubic inches of water, measured under a 4-inch pressure, for mining 

 purposes. The original of this notice is posted on a white-oak tree on the south bank of the north 

 fork of the stream of water known as Fine Gold (Gulch?), about 3 miles northerly from the residence 

 of J. B., in Fresno County, Cal., and is located this 27th day of April, A. D. 1878. 



If all the tributaries of this stream are definitely known in position on the map 

 and in the country, and we know exactly what appropriators mean by "cubic inches 

 of water, measured under a 4-inch pres-sure; " and if there are no other white-oak 

 trees in that vicinity; or if the white-oak tree has not been cut down, blown down 

 V)y the wind, or struck by lightning; and if "3 miles northerlj- from the residence of 

 J. B." means exactly 3 miles in exactly a north direction; and if J. B. has not moved 

 away so long ago that he is forgotten, then we may regard this location as a very 

 exact and definite one. But otherwise it would probablj' be very difficult to deter- 

 mine the point where this appropriation was made, with a view of ascertaining 

 whether the water claimed was actually used. And if we could not interview the 

 three appropriators, we might still be left in doubt as to the amount of water claimed. 



