WATER RIGHTS ON LOS ANGELES RIVER. 329 



references to irrigation exist in the earlier ordinances and official corresiX)ndence, 

 some of which it is claimed tend to suppoTt the theorj- that it was the intention of 

 the Spanish Government to gi-ant to the pueblo the absolute and exclusive ownership 

 of all the water of Los Angeles River. It is also asserted that up to the beginning 

 of American domination in California the municipal authorities had exercised full 

 control over the divereion and distribution of water from the river, and, furthermore, 

 that the present city, as the successor of the old pueblo, is entitled to all the rights 

 and privileges granted to or acquired by the latter. American supremacy brought 

 the old English common law of riparian rights. The conflict which naturally ensued 

 between claimants under that doctrine and those asserting the ancient pueblo right 

 has produced much of the most extensive water litigation»of the county. The cases 

 involving the question will be I'eferred to in detail hereinafter. The history of 

 colonization of the region has Ijeen given at some length here as being explanatory 

 of the peculiar rights claimed by succession to the pueblos. 



LOS ANGELES S,IVER. 



Compared with prominent streams of the humid region, the Los Angeles River 

 would seem of insignificant size, but by comparison with those of the arid region its 

 importance is apparent. Its waters maintain the existence of the metropolis of 

 southern California, the second city in size and importance on the Pacific coast, 

 besides watering a large area of rich farming land in and around the city. The 

 antiquit}' and peculiar nature of its water rights give it an especial interest. 



Hydrographically the Los Angeles River is a remarkable stream. It rises in the 

 southern edge of the San Fernando Valley a few miles above the city of Los Angeles. 

 Its watershed embraces an area of about 500 squai-e miles, ranging fromrprecipitous 

 mountains to smooth and gently sloping plain. The unusual topography of the 

 basin produces a stream of considerable volume and exceptional regularity of flow. 

 It is to these features that the original selection of the site of the pueblo and the 

 permanence of the modern city are due. About 85 square miles additional area of 

 watershed contribute something to the flow of the river at points below the outlet 

 of the San Fernando Valley. 



The total area of 500 square miles is composed of about 175 square miles of high 

 mountains and 135 square miles of lower mountains; the remainder is plain. The 

 first division contains peaks which rise to heights of 6,0C»0 feet or more. The area is 

 well exposed to the moisture-laden winds from the Pacific Ocean: its precipitation 

 is comparatively heavy, its surface slopes are steep, and the run off is rapid. The 

 second averages nuich lower in altitude than the first and receives correspondingl3' 

 less rainfall. The plain area, owing to its partially sheltered exposure, receives less 

 rainfall than even its low altitude would seem to entitle it to. But, on the other 

 hand, by reason of the light slope of the surface of the plain and the open nature of 

 the soil, pi-actically none of the rain falling on this area is lost Ijy run ofl". 



It is only at times of unusual floods that a continuous stream extends from 

 anj^ one of the mountain tributaries to Los Angeles River. At all other times 

 the mountain torrents discharge their waters upon the broad, flat plain of the valley, 

 into which they sink and are lost to view. Pursuing their way south toward the 

 ocean these underground waters are intercepted by the Cahuenga Mountains, an 



