Irrigation and Drainage [pp. 19-32]

1886.] Irrigation and Draiinage. 21
or the appropriation of water to useful pur- taken in its law. By our form of govern poses, to the problem of draining the pesti- ment, there is an appeal to the people from
lential lakes and marshes of the State. By all executive or judicial action. By making
constructing reservoirs in the mountains to the judiciary elective, the Constitution de catch the surplus water, and by intercepting volves the duty upon the people of deterthe water on its way to the stagnant pools mining as to the fitness of judges, and makes
which naturally receive it, and where it is these directly responsible to the people.
wasted by evaporation, and by spreading it Many old school thinkers have objected to
out over desert lands, the swampy lakes and this feature of modern constitutions, but it
morasses are dried up. and become the scenes has survived all attacks, and is now firmly
of agricultural prosperity, while thriving farms rooted in public policy. By that policy, the
are created on the deserts to embellish and people have opportunity to confirm or reverse
enrich the State. WVorks of irrigation and the decisions of their judges, and may reafor reclaiming marsh lands go together in all sonably be expected to exercise this power in
old countries where either are needful. a case where public interests are put at haz If it be true that the Legislature has been ard, and the decision of the court meets with
so improvident in its laws that the people of general popular non-concurrence.
the State are powerless to dry up their The effects of the decision inquestion are
swamps and fertilize their deserts, then the not localized to the great valleys of the State.
population of the State is too large, and The mountains are seamed with water ditchits prosperity is built on so insecure a es, constructed at immense cost for mining
basis that a collapse is impending. If this purposes, in defiance of riparian rights.
be true, the colonies of Fresno, Anaheim, Some of these canals are already utilized for
Riverside, etc., have chosen the wrong irrigation, and more will be in the future,
State for their settlements. The farmers if it is permissible. For this purpose they
who have created cultivable land in Tulare need to be greatly extended, and new ditches
Lake must soon see their possessions en- to be taken out below the present points of
gulfed in the returning waters. The pros- diversion. Is the miner, driven from his ocperous farms in the deserts must return to cupation by the action of courts, to be pretheir original sand heaps. The verdant vented by the courts from maintaining his
crops that beautify a broad region must die, means of diversion, or creating new ones, to
and the herds that feed there must die with fertilize the vineyards and orchards he is
them, or be driven away. Towns must planting in the foothills? The few dwellers
dwindle to villages, and villages and home- along the rocky cafions are the riparian prosteads disappear. All industries built upon prietors, and they are the ones who can comirrigation must perish when irrigation ceases, pel the appropriators to turn the water back
an fuur imrveet codtoe upo int th steas tha it ma ru nsdb