anaheim-gazette 1909-10-28

UP-VALLEY WATER SCRAP DIFFERENCES MAY NOT BE SERIOUS AFTER ALL Orange County May Act as Peacemaker Between Riverside and San Bernardino in Water Conservation — Sidelight of Recent Walkout E. J. Yokum of Redlands, one of the San Bernardino men who left the Riverside water conference a week ago because Riverside voted to support Orange county's claims that water in the river be permitted to flow down as far as the Olive bridge before spreading operations were taken up at Redlands, has written a letter to the San Bernardino Sun, from which we glean that the break between the two upper counties is not so deep as a well nor so wide as a barn door. The two counties have been at loggerheads over water rights for many years, and recent developments pointed to a renewal of hostilities. The walkout at Riverside seemed to foreshadow a break in the relations between the two which have in recent years existed. It seems from Mr. Yokum's letter that the break is not so bad. Orange county may yet be able to bring her two warring neighbors to a better understanding of the other's rights in the premises, and may thus forestall interminable and expensive litigation. Mr. Yokum writes: "Assuming that the Sun is in favor of fair play and a square deal, and having served as secretary of the Water Conservation Association from its inception, I would like to make correction of some statements which have appeared in your columns and elsewhere that are misleading, and tend to prejudice the public mind against our neighbors of the southmost friendly feeling, and by invitation of the Riverside members, all took lunch at the Glenwood Inn. A word about the value of the spreading of storm water. It is known that the water plane of this valley is over a foot higher than a year ago. It is argued that this is due to the spreading of the storm water, as the rainfall last winter was not as heavy as the year before. What does this rise mean? According to Dr. Hilgard the gravel basin of this valley is ten miles long and three to five miles wide. An average width of four miles will give an area of 40 square miles or 25,000 acres. If one third of the foot rise is water, we have a gain of $533 acre feet of water which would otherwise have flowed unfettered to the sea. Francis Cuttle, president of the Riverside water company, writes the following lengthy letter to the San Bernardino Sun, which will be read with interest by Orange county irrigators: Several articles have recently appeared in the columns of your paper, charging the Riverside Water company, the Water Conservation Association, and the writer, as president of these organizations, with attempting to so handle the affairs of these organizations in collusion with the Orange county people as to deprive the people of San Bernardino of their water rights in the so-called San Bernardino artesian basin. These charges may be classified under three heads: First. That the Riverside Water company recently attempted to secure the cooperation of the Water Commissioners of San Bernardino in lawsuits to prevent the San Bernardino people from making new diversions of water from the San Bernardino artesian basin. Second. That the Riverside and Orange county people have joined together and divided the waters of the people of San Benito anxious to prevent the waters of the Riverside Water peated solicitation dino attorneys inferred to cooperate work, and for soothe the hydra-headeding to "flim-flam people of San Benito ing the water to titled. It seems it is a case, not so not the waters o are depleted, as cause of that dep. That Wat Now with reference county people co Riverside Water the waters of valley. The water county commence Riverside people ton suit. After menced, negotiation were begun, and county people for side Water comp ed the amount o from the San Benito years, they had fairness to realize prevent that coun ing its supply, a long and exp compromising t he Riverside W what water it ha from the San Benito same settlement Bernardino people Barton case and them, (not unani. Now, about ther Conservati on you, in your edit ing, quoted just th e article which erside Press, as "Assuming that the Sun is in favor of fair play and a square deal, and having served as secretary of the Water Conservation Association from its inception, I would like to make correction of some statements which have appeared in your columns and elsewhere that are misleading, and tend to prejudice the public mind against our neighbors of the southern counties. This will involve a little history. In behalf of the work of the Tri-Counties Reforestation Committee, Mr. Francis Cuttle, the chairman, visited Washington last winter, and while there he induced the government to withdraw from entry some 1100 acres of land in the east end of the San Bernardino valley upon which to spread storm water of the Santa Ana river. The Riverside water companies took the initiative, constructed temporary works and for a period of months diverted and spread 3000 inches of water into the gravel bed of the valley basin. When the meeting of the Tri-Counties Committee was held in Redlands last spring the members, by invitation, visited the site of the spreading, and were so impressed with the importance of the work being done, that a committee of the members was appointed to take steps to form an organization to take charge of spreading the winter storm water of the Santa Ana river and its tributaries. The action resulted in the formation and incorporation of the Water Conservation Association, whose bylaws provide for a board of directors of nine men, 3 from each of the 3 counties. At the several meetings perfect harmony prevailed, except upon the adoption of one section of the by-laws as prepared by sub-committee. This clause provided that the board of directors should spread no water until there is sufficient volume flowing in the river bed to reach a point in Orange county known as the Olive bridge, which is below the intake of the water companies' ditches. "The contention of the Orange county members was that unless the storm water was permitted to show a surface flow in the river bed to the Olive bridge, the underground reservoirs upon which their section depended for their supply for summer irrigation would not be filled, and hence dino artesian basin. These charges may be classified under three heads: First. That the Riverside Water company recently attempted to secure the cooperation of the Water Commissioners of San Bernardino in lawsuits to prevent the San Bernardino people from making new diversions of water from the San Bernardino artesian basin. Second. That the Riverside and Orange county people have joined together and divided the waters of the San Bernardino valley, without consulting the San Bernardino people. Third. That the directors of the Water Conservation association from Riverside and Orange counties combined to force the directors from San Bernardino county in that organization to agree to a proposition that would deprive the Bear Valley Mutual Water company from impounding the storm waters of the Santa Ana river and its tributaries. These allegations so distort the facts and are so unfair that I make this one departure from my usual policy of never replying to newspaper articles, to ask that you give a River'sider's view of these matters space in your paper, and that this letter be published without omissions, and given the same prominence in your paper that your articles have had. The Barton Case To take up the first accusation it will be necessary to refer to the Barton case to get a true perspective. In that case certain San Bernardino people were plaintiffs and the Riverside Water company et al. defendants. Complaint was that the Riverside Water company drilled well and erected pumping plants, in the San Bernardino basin and thereby extracted water to the damage of the local ranchers in the San Bernardino valley. In your editorial of Sunday morning you state: "In the case of Barton versus the Riverside Water company the defendant was given a certain amount of water from the basin with no right to take more." A careful reading of the decision of the supreme court in the Barton case fails to find any such wording. However, the decision does say, with reference to the depletion of the San Bernardino artesian basin: "This prolonged drought, combined with the effect of large additional diversions of the waters of the basin by other persons, for whom none of the defendants were in any what water it has from the San Bernardino people." Now, about this article which erside Press, as said by the writer, you are burdened with that editorial you "It is not the conserve the way to by the peoples lands and Highland plan by which it fere with the righty Mutual Water shut that company impounding the Santa Ana." The whole trot article, and with Bernardino people they fall to disestablished rights. The New Bear company undoubtedly impound any and Santa Ana rivers up to the present ervoir. When it impounding caps (if at all) without rights of lower parian owners, we established their from the interviews follows: "But the company who have vested Ana river may Valley Mutual Water pounding more than it has done less such impound a way as not to normal flow of and its tributaries." Had you quoted the meaning words: "This can be o it will be a great people who secure Ana river, and that it will be a people." Diversion The majority of the Water Con realize that they actly ume flowing in the river bed to reach a point in Orange county known as the Olive bridge, which is below the intake of the water companies' ditches. "The contention of the Orange county members was that unless the storm water was permitted to show a surface flow in the river bed to the Olive bridge, the underground reservoirs upon which their section depended for their supply for summer irrigation would not be filled, and hence their interests would suffer. "The San Bernardino members objected to this clause. In the earnest, though friendly, discussion which followed, the Orange county delegation stated repeatedly that they did not demand any large volume of water at the point mentioned. Even a hundred inches of surface flow would be satisfactory, as that would insure the saturation of their gravel beds and guarantee a supply of irrigation water. They repeatedly declared that they had no intention or desire to interfere with vested rights, but questioned the right to spread storm water until their vested interests were protected. Then they were not only willing for the spreading, but to bear their share of the expense. "The Riverside members took little part in the discussion, expressing a willingness to accept any compromise that would be acceptable to the members from San Bernardino and Orange counties. When no compromise could be reached, they voted with the Orange county members in adopting the disputed clause. After stating that the other two counties were much more vitally interested than this county in the water spreading scheme, the San Bernardino members tendered their resignations and withdrew; the meeting adjourned with the water from the basin with no right to take more." A careful reading of the decision of the supreme court in the Barton case fails to find any such wording. However, the decision does say, with reference to the depletion of the San Bernardino artesian basin: "This prolonged drought, combined with the effect of large additional diversions of the waters of the basin by other persons, for whom none of the defendants were in any way responsible, caused the natural flow of Warm creek, (the source of supply of the Riverside Water company) to decrease gradually to about one-half of its former quantity. Soon after the decrease became apparent it (Riverside Water company) began putting down artesian wells in the basin. . . not with the intention to increase its diversion in the basin, but to keep up the original quantity." The complainants in the Barton case fail to recognize the fact that the Riverside Water company was not seeking to take additional water from the San Bernardino valley, but bored artesian wells to maintain the supply it had used from Warm creek for the past 20 years. The evidence showed that the Riverside Water Company neither erected nor operated any pumping plants inside the boundaries of the artesian basin. From the fact that the complainants in the Barton case were willing to go into an expensive and long litigation to prevent the Riverside Water company from maintaining its supply, was it unreasonable for the Riverside Water company to suppose that the San Bernardino people would be willing to join the Riverside Water company in an action to prevent new diversions from the artesian basin? Assuming that the Had you quoted me on the meaning words, "This can be done it will be a great people who secure Ana river, and that it will be a people." Diversion The majority of the Water Commission realize that they actually have same degree to the water river that the Nual Water commission attempt to impose that is, both divide have not secured it and can unduly by the lower order or using any of Santa Ana river must be subordinated to lower approving owners. That by majority of the direct Conservation Association harm in going on not attempt to vested rights, and of the following Article III—"T shall have the power carry out the publication as provide incorporation, and vary and properly adopt such regulation of such business in the premise no indebtedness count of funds available for these said directors shortly to spread the Santa Ana river." ANAHEIM GAZETTE people of San Bernardino were really anxious to prevent the depletion of the waters of the artesian basin, the Riverside Water company, after repeated solicitation by the San Bernardino attorneys in the Barton case, offered to cooperate with them in that work, and for so doing is held up as the hydra-headed monster who is seeking to "flim-flam," (your words) the people of San Bernardino from securing the water to which they are entitled. It seems to the writer that it is a case, not so much of whether or not the waters of the artesian basin are depleted, as it is who is the cause of that depletion. That Water Settlement Now with reference to the Orange county people conspiring with the Riverside Water company to divide the waters of the San Bernardino valley. The water companies of that county commenced a suit against the Riverside people similar to the Barton suit. After this suit was commenced, negotiations for a settlement were begun, and when the Orange county people found that the Riverside Water company had not increased the amount of water it had taken from the San Bernardino basin in 20 years, they had the good sense and fairness to realize that no court would prevent that company from maintaining its supply, and therefore, saved a long and expensive litigation by compromising the case and giving the Riverside Water company just what water it had heretofore secured from the San Bernardino valley. The same settlement was offered the San Bernardino people in settlement of the Barton case and was turned down by them, (not unanimously.) Now, about the recently formed Water Conservation Association. Had you, in your editorial of Sunday morning, quoted just a little farther from the article which appeared in the Riverside Press, as an interview with the writer, you might not have been or cause the same to be spread, when the surface stream of said river does not flow down to the Olive wagon bridge, in Orange county, State of California." Particularly as the Riverside and Orange county people were called upon to put all of the money for the purchase of lands on which to spread water and for the spreading of water. If you, and the people in San Bernardino who seem to be stirred up over this matter, will keep in mind the difference between established water rights and new diversions, there should be absolutely no trouble about whether or not the Conservation Association is interfering with the rights of the San Bernardino people, or whether the New Bear Valley Mutual Water company is interfering (when it seeks to impound more water than it has heretofore) with the rights of lower appropriators on the Santa Ana river. Yours truly, Francis Cuttle. Riverside, Oct. 19, 1909. HARMFUL INSECTS How French Vineyardists Go About Killing Them Consul William Bardel reports to the department of commerce and labor that various experiments have been made recently near the French city of Rheims for discovering the most effective methods of destroying the moths of the pyralid and the cochylls, which insects are so harmful to the vineyards. The plan is as follows: The best results have been attained by electric light traps. The trap consists of a portable post holding a five-candle electric lamp with an enameled reflector, from which attached to three thin metal chains about eight inches long, is suspended a round tin-plate dish of about 15 inch- what water it had heretofore secured from the San Bernardino valley. The same settlement was offered the San Bernardino people in settlement of the Barton case and was turned down by them, (not unanimously.) Now, about the recently formed Water Conservation Association. Had you, in your editorial of Sunday morning, quoted just a little farther from the article which appeared in the Riverside Press, as an interview with the writer, you might not have been burdened with this communication. In that editorial you state: "It is not the plan to spread and conserve the water that is objected to by the people of this valley, Redlands and Highland especially, but the plan by which it is sought to interfere with the rights of the Bear Valley Mutual Water company and to shut that company off from further impounding the waters of the upper Santa Ana." The whole trouble with all of your article, and with some other San Bernardino people, is that you and they fail to distinguish between old established rights and new diversions. The New Bear Valley Mutual Water company undoubtedly has a right to impound any and all waters in the Santa Ana river and its tributaries up to the present capacity of its reservoir. When it seeks to increase its impounding capacity, it must do so, (if at all) without infringing on the rights of lower appropriators and riparian owners, who have long since established their rights. You quoted from the interview in the Press, as follows: "But the companies and the people who have vested rights in the Santa Ana river may object to the Bear Valley Mutual Water company's impounding more water in its reservoir than it has done up to this time, unless such impounding is done in such a way as not to interfere with the normal flow of the Santa Ana river and its tributaries." Had you quoted the following also, the meaning would have been clear: "This can be done and so done that it will be a great benefit to the people who secure water from the Santa Ana river, and it can be done so that it will be a great injury to those people." Diversions Are New The majority of the directors of the Water Conservation Association realize that that organization is in exactly the same position with referrals most effective methods of destroying the moths of the pyralid and the cochylis, which insects are so harmful to the vineyards. The plan is as follows: The best results have been attained by electric light traps. The trap consists of a portable post holding a five-candle electric lamp with an enameled reflector, from which attached to three thin metal chains about eight inches long, is suspended a round tin-plate dish of about 15 inches in diameter. The dish contains water with a top layer of petroleum. During the first night the traps were placed in three rows running parallel at a distance of about 200 feet, the distance between each lamp being about 75 feet. On the first clear evening late in July the lights were turned on about 8 o'clock and remained burning until an hour or so after midnight. Soon after the lights were burning the moths commenced to swarm toward them and were rapidly killed, either by the fumes of the coal oil or by the coal oil itself. The same operation was resumed the next clear night, only the lamps of the two outside rows were placed about 25 feet closer to those of the center row, and this was repeated in each of five subsequent clear nights, so as to finally bring the three rows within about 50 feet of each other. During the succeeding six or seven clear nights the movement was reversed in the same manner, so as to finally return the lamps to their position of the first night. As to the position of the lamps, numerous experiments were made during these trials, and it has been proved that those which were placed so that the petroleum dish was elevated only a few inches above the ground were more effective in killing the moths than those placed higher. These experiments were witnessed by representatives from a number of leading champagne makers, and this method proved so successful that it is highly recommended to all wine growers who can avail themselves of the services of electricity for this work. LOS ANGELES GROWING Absorbs Territory West and South of City By an overwhelming majority both in the city and in the outside terri Had you quoted the following also, the meaning would have been clear: "This can be done and so done that it will be a great benefit to the people who secure water from the Santa Ana river, and it can be done so that it will be a great injury to those people." Diversions Are New The majority of the directors of the Water Conservation Association realize that that organization is in exactly the same position with reference to the waters of the Santa Ana river that the New Bear Valley Mutual Water company occupies in its attempt to impound additional water; that is, both diversions are new and have not secured rights by prescription and can undoubtedly be enjoined by the lower owners from diverting or using any of the waters of the Santa Ana river, and their rights must be subordinate to the rights of the lower appropriators and riparian owners. That being the case, a majority of the directors of the Water Conservation Association could see no harm in going on record that it would not attempt to interfere with these vested rights, and hence the adoption of the following by-law: Article III—"The board of directors shall have the power and authority to carry out the purposes of this association as provided in its articles of incorporation, and transact all necessary and proper business thereof, and to adopt such rules for the transaction of such business as may be in their judgment necessary or advisable in the premises; but shall incur no indebtedness greater than the amount of funds actually on hand and available for the payment thereof. But said directors shall not have authority to spread the waters of the said Santa Ana river or its tributaries, LOS ANGELES GROWING Absorbs Territory West and South of City By an overwhelming majority both in the city and in the outside territory, Los Angeles has annexed a large section lying west and south of that city. The territory includes Colegrove, East Hollywood, Arlington Heights, Wilshire district, West Adams district, West Jefferson district, Victoria Park and other sections just outside the city limits. The population of this territory is about 10,000. The growth in area of Greater Los Angeles has been as follows: 1850, incorporated under the laws of California, with four square miles of territory. 1856, rearrangement of boundaries, over thirty-four square miles. 1895-6, annexation of suburban territory, Garvanza, University, and other districts, added about twenty-five square miles making sixty-one square miles. 1907, annexation of Gardena and the "shoestring strip," making area about seventy-seven square miles. 1909, union with San Pedro and Willmington, making a total of about eighty-five square miles. The latest annexation added still another ten square miles, making the total area of the city about ninety-five square miles. The next annexation move will be to absorb the city of Hollywood and this will add 3000 or 4000 more population to the city. POWER FOR ALL PURPOSES. PLENTY OF POWER. Southern California Electric Co. 411 N. Main st. SANTA ANA, CAL. Phones—46. California Wine Co. F. Conrad & Son, Props. Center Street Anaheim Wholesale Wine and Liquor Merchants Best Brands of Bottled Beer. Delivery Made Everywhere HENSHAW, BULKLEY & CO. 262-64 So. Los Angeles St. Los Angeles IRRIGATION PLANTS INSTALLED COMPLETE MACHINERY of all kinds, including road making machinery, levelers, scrapers, hardpan ploughs, etc. Full stock always on hand. GASOLINE ENGINES CENTRIFUGAL PUMPS Going East? Phone and have our agent tell you all about The Low Rates For Round Trip East In Effect— Oct. 1 and 2. HERE ARE SOME OF THE RATES: Omaha $60.00 St. Louis $67.50 Kansas City $60.00 New York $108.50 Chicago $72.50 Washington $107.50 Additional sale dates: To Kansas City October 16, 17, 18. To Omaha September 11, October 16, 17, 18. To Denver, Colorado Springs and Pueblo, Colorado, October 1, 2, 16, 17, 18. Rate $55.00. To Pittsburg, Pa., October 4, 5, 6. Rate $86.00, return limit Nov. 30, 1909. Tickets good for stop-overs. Return limit Oct. 31, 1909. Choice of routes. For further information call up Southern Pacific L. B. VALLA, Commercial Agent, Santa Ana. Both Phones 19. J. M. PICKERING Agent, Anaheim Sunset Main 188 or Home 1724 Southern Pacific L. B. VALLA, Commercial Agent, Santa Ana. Both Phones 19. J. M. PICKERING Agent, Anaheim Sunset Main 188 or Home 1724 Griffith Lumber Co. Agents for ORIENTAL PLASTER COLTON PORTLAND CEMENT LUMBER BRICKS ALL KINDS OF MILL WORK So. Los Angeles st. near S. P. depot Henry M. Adams, Mgr. Sporting Goods And Bicycles, at Spoerl's Gun Store. O. FULDE An old German Watchmaker and Jeweler is located at 113 East Center Street, (Near Hart's Place), where you can find anything in the Jewelry line at The Lowest Possible Prices Watches and Jewelry a specialty Anaheim Bakery Peter Syre. Prop. Fresh Bread Cakes and Pies Confectionery. Etc. Wedding Cakes a Specialty Los Angeles and Cypress Sts. The Mission Ice Cream Parlors Confections Ices, Sherbet, Ice Cream delivered to all parts of town. Excellent service FINE CANDIES A SPECIALTY East Center Street, Anaheim, Cal. OLIVER HILL City Livery Stables Fashionable Outfits at Reasonable Rates. JOSEPH BACKS, Undertaker and Embalmer Furniture and Bedding. Repairing Done Phones—Sunset M. 93. Home 1062.