322 lERIQATIOli INVESTIGATIONS IN CALIFORNIA. 



amount diverted should be taken into consideration, but also the acreage irrigated. 

 It is not necessary to assume that anj' particular acre of land will require just as much 

 water as any other acre, as this will depend largely upon the physical character of the 

 land served, upon the nature of the ci'ops cultivated and for which the land is suitable, 

 and upon the amount of rainfall. But when these facts and all others affecting the 

 needs of any tract of land, or of a district, are taken into consideration, some conclusion 

 can be reached as to the extent of past or prospective beneficial use. 



Applications for a grant or franchise for the use of water for any particular 

 purpose should rather specify this purpose with precision, than the amount of water 

 desired. Competent State authority' should issue the water right, with a clear 

 definition of the right thereby conferred. 



The establishment of such a department should not be delaj-ed. The problems 

 to be solved are becoming more complex from year to year, and can be settled with 

 less friction now than at any future time. Their final settlement will be a potent 

 factor in establishing the prosperity of the districts now irrigated and of others for 

 which water can be made available, on a sound and permanent basis. 



CONCLUSIONS. 



The conclusions reached as a result of this inquirj' may be briefly stated as 

 follows: 



(1) No water rights are as yet clearlj' defined, either bj' the records or by deci- 

 sions of the courts. 



(2) The extent and the prioritj^ of established rights to water and to the use of 

 water should be ascertained and clearlj- defined, and the necessary water should be 

 allotted to riparian owners and to appropriators in accordance with their needs and 

 their rights. 



(3) The available supph^ from each stream should be determined and apportioned 

 to those who have the right to use it — all surplus to be at the disposal of the State. 



(4) The right of everj' bank landowner to use water should be as clearly defined 

 as the right of the appropriator, and the measure of his right should not be the 

 possible future use. 



(5) Due consideration should be given to priority of use as between appropri- 

 ators, as well as between riparian owners. 



(6) The distribution of water to the canals and ditches should be under State 

 control. 



(7) The studj' of the available supply and of the use of water for irrigation should 

 be carried on by the State and by the Federal Government. Duty of water and 

 methods of irrigation, canal structures, canal management, and water distribution 

 should receive special consideration, and the work done liy the State should supple- 

 ment similar work being done bj' the U. S. Department of Agriculture and by the 

 U. S. Geological Survej', and the results should be brought within convenient reach 

 of all interested parties. 



(8) The right of eminent domain should be given to every pei-son, companj', or 

 corporation to whom the right to use water has been dulj- allotted by competent 

 authority, in order that condemnation proceedings may be had whenever necessary to 

 take private property for a higher use. 



