258 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 



reservoirs situated upon public lands, and which may be utilized to irrigate such 

 lands. As far as practicable the flood Avaters of the streams in arid or semiarid 

 regions should be stored and used for irrigation. In this connection, ample protec- 

 tion should be extended to all forests at the heads of streams that they may forever 

 remain the sources of perennial flow, equallj- free from overwhelming freshets and 

 seasons of drought. 



The National Gov'ernment should also introduce, through its Agricultural Depart- 

 ment, the most advanced and improved methods of irrigation, leading to the most 

 skillful use of water, and to its greatest "duty," and, consequenth', to the maximum 

 productiveness of the soil of vast previouslj' arid regions. 



In cooperation with the National (government, the State should adopt a simple 

 and effective law to govern the administration and use of all its waters, and the 

 adjudication of all rights thereto acquired. 



The common law doctrine of riparian rights seems to sufficiently protect private 

 riparian owners and their use of water from streams, for all ordinary purposes, as 

 for domestic use, milling, etc.. with the exception of that of irrigation. And j^et 

 the use of water for irrigation in the arid States and Territories is the most important 

 of all. But irrigation is unknown to common law, and legislation in this State is 

 needed to encourage and protect that great and important use of water. The aim in 

 this legislation should be, therefore, to benefit as largely' as possible the agricultural 

 population, without injuring the private rights of any riparian proprietors. 



The fundamental idea in such legislation, in case the State does not see its way 

 to the acquisition of all existing titles to its waters, is in the writer's opinion, to 

 determine and decide authoritatively what quantitj' of water each riparian owner 

 and irrigator along each stream is justly entitled to consume. Apparently, upon an 

 equitable adjustment, each would be entitled to take the excess of water left over the 

 just amounts belonging to the other claimants. 



A State board of control, having a State engineer of its own appointment for its 

 executive officer, should make such equitable adjustments, considering and fairly 

 treating the claims of irrigators, and respecting the natural rights of riparian and 

 nonriparian owners. 



