Imperial Valley press and the Imperial press., May 19, 1906, Image 1

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Imperial Valley Press.
; VOL. VI
OUR WATER RIGHTS
In our issue of last week we publish
ed certain :orrespondence with the
Commissioner of the General Land
Office at Washington concerning the
situation regarding the water rights of
thi people of this Valley. In his letter
to us he pointed out the sections of the
civil, code of this state, under which
f water rights must be acquired In order
for them to be sufficient to entitle the
claimant to patent on lands entered
under the Desert Land Act.
As the basis of all laws in the State
Is the Constitution, we deem It proper,
at this point to quote that document
regarding water rights:
ARTICLE XIV.
WATKR AND WATER RIGHTS.
Section 1. The use of all water now
appropriated, or that may hereafter be
appropriated, for Bale, rental or distri
bution, ie hereby declared to be a public
use and subject to the regulation and
control of the State, in the manner to
be prescribed by law ; provided, that the
rates or compensation to be collected by
any j>ert»on, company or corporation in
this State for the use of water supplied
to any city and county, or city or town,
or the inhabitants thereof, shall be fixed
annually by the Board of Supervisors or
City and County or City or Town Coun
cil or other governing body of such city
and county or city or town by ordin
ance or otherwise, hi the manner that
otheiN ordinances or legislative, acts or
resolntions are passed by such body and
shall continue in force for one year and
no ionger. Such ordinances or resolii-
Vtioiis shall be passed in the month of
February of each year and take effect
on the first day of July thereafter. Any
board or body failing to pass the neces
."sary ordinances or resolutions fixing
water rates, where necessary, within
such time, shall be subject to peremp
tory process to compel action, at the
suit of any party interested, and shall
be liable to such further processes and
penalties as the legislature may pre
scribe. Any person, company or cor
poration collecting water rates in any
city and county or city or town in this
State otherwise than as so established,
shall forfeft the franchises and water
works of such person, company or cor
poration to the city and county or city
or town where the same are collected
for the public use.
Sec. 2. The right to collect rates or
compensation for the use of waters sup
plied to any county, city and county or
town or the inhabitants thereof ie a
franchise and cannot be exercised ex
cept by authority of and in the manner
prescribed by law.
From this it will be seen that the
use of water for Irrigation and domes
tic purposes In this State is declared
to be a public use, and the business of
, supplying water to the Inhabitants of
this State is a public franchise and
cannot be exercised except in com
pliance with law.
So much for the constitutional pro
visions. They are certainly broad
enough to supply a base on which to
erect a structure of law that will be un
mistakable. We now come to the
law as pointed out to .us by the Com
missioner of the General Land Office
In his letter of May Ist. Section 324
of the Civil Code of this State reads
as follows:
Sec. 324. Shares Personal Property.
Transfer of Stock. Irrigation Stock.
Whenever tho capital titock of any
corporation is divided into shares and
certificates therefor are issued, such
shares ot stock except ac hereinafter
provided are personal property and may
be transferred by endorsement by Big
nature of the proprietor, his agent, at
torney or legal representative and the
delivery of the certificate, 'but such
transfer ia hot valid except an to the
parties thereto until the same is so en
tered upon the books of the corporation
uh to show the names of the' parties' by
whom and to whom tnumferred, the
number of the certificate, the number
MY F. 0. HAVENS
or defMKnation of the Hliares and the
date of tiie transfer.
Provided however that any corpora
tion organized for or engaged in the busi
ness of selling, distributing, supplying
or delivering water for irrigation pur*
poses or for domestic use niay in its by
laws provide that the water shall only
bo so sold, distributed, supplied or de
livered to o\«ners of its capital stock
and that such stock shall be appurten
ant to certain lands when the same are
described in the certificate therefor.
And when such certificate shall be so
issued und a certified copy of such by
law recorded in the ofllce of the County
Recorder in the county where such
lands are situated, the shares of stock so
located on any land shall only he trans
ferred witli said lands and shall pass as
an appurtenance thereto.
Sec. 324 Civil Code as amended in
1895. (James 11. Deering edition 1903.)
This section refers to the stock of
corporation organized under the laws
of this State and after providing in a
general way for the division of the
capital stock of all corporations for
profit into shares and the issuance of
certificates therefor and setting forth
the manner In which these' stock cer
tificates shall be transferred it makes
an Important exception In the case of
water companies. This proviso, how
ever, Is not mandatory upon the cor
porations engaged in the business of
selling, distributing, supplying or deliv
ering water for irrigation purposes or
for domestic use. Corporations en
gaged in that line of business who do
not comply with the provisions of Sec
tion 324 and limit their business, to
their stockholders only are common
carriers under the laws of this State
ana must file with the Board of Super
visors annually a statement of their
property and business and the Board
of Supervisors must set the price .at
which they must deliver water to users.
A water user who Is once supplied
by such a corporation cannot thereaf
ter be denied water by It provided the
corporation has the water to supply
and the user tenders the legal price.
Nor can the water company enterpose
regulations or rules to shut off such
party for the Supreme Court of this
State has ruled in the case of Crow vs.
the San Joaquin and- Kings River Can
al and Irrigation Co. that it is the duty
of the water company to supply the
user with water whether he compiles
with Its regulations or not. This pro
viso regarding the stock of water com
panies however gives tuch companies
the right to limit their operations to
their stockholders only and to sell, de
liver, furnish or distribute water only
upon lands which are described in the'
certificates of stock and to which the
stock Is made appurtenant. The
meaning of the word "appurtenant" Is
given by 'all the dictionaries of bur lan
guage as "belonging to by right." Ths
proviso further states that when the
water company operating In accord
ance with its provisions shall adopt by
laws in conformity thereto and shall
flte a certified copy of such by-laws
with the county recorder- uf the county
In which the land Is located 1 the" shares
of stock of said company • located on
any land shall only* be transferred with
said land and shall pass as an appurt
enance thereto." From the above It
will be seen that the constitution and
laws of this State contemplate the
protection of the user of water In Its
continued use, free from onerous ex
actions and that the above quoted Sec
tion 324 of the Civil Coda provides for
the kinds of corporations which may
engage In the business of selling, dis
tributing, supplying or delivering water
AND 'I III; IMI'IIUIAL PRESS
EL CENTRO, CALIFORNIA. MAY 19, 1906
for Irrigation purposes or domestic use.
The next question to consider in Its
relation to the water rights of the peo
ple of this valley, Is that of the kind of
corporation by which they are supplied
with water. In order to determine
whether their water rights are based on
beneficial use of water delivered to
them by a common carrier corporation,
or whether they are acquired by the
ownership of Irrigation stock In a
mutual water company, organized In
accordance with the proviso contained
In Section 324 of the Civil Code of
this State, above quoted.
It will be noted In this connection
that the above quoted section reads:
" Provided, however.that any corporation
organized for. or engaged In. the busi
ness of selling, distributing, supplying,
or delivering water for Irrigation pur
poses, or for domestic use, may. In
their by-laws provide thafthe water
shall only be so sold, distributed, sup
plied or delivered, to owners of Us cap
ital stock and that such stock SHALL
be appurtenant to certain lands, when
the same are described in the certifi
cate therefor."
In order to furt .er elucidate this
matter we herewith publish the by-laws
of Imperial Water Company No. 1 , as
certified to by the Secretary of said
company on May 16th, 1906:
ARTICLE I.
CORPORATE POWERS.
The corporate powers of this corpora
tion shall be vested in a boaed of five
directors, who shall be stockholders,
holding one or more shares of stock in
their own names on the books of the
corporation, and three shall constitute
a quorum for the transaction of business.
ARTICLE 11.
ELECTION OE DIRECTORS.
The directors shall be elected by ballot
at the annual meeting of tho stockhold
ers.to serve for one year, and until their
successors are elected. Their term of
office shall begin immediately afterelec
tion.
ARTICLE 111.
VACANCIES.
Vacancies in the board of directors
shall be filled by the other directors in
where more than \ Glance at this Map will Show you that* — rjp 1
. $200,000 I J \ \ -] ■ I
13 BEING SPENT s > / jh~~ \ 5
The town of El Centro was started In the fall of "** /i...L.^*\ V 5
1905 and Is now about six months old. It is located in f f \ i%*c« \ b
the center of the best part of the Imperial Valley, and Is i \ '»»* \ 5
destined to become the metropolis. // r ""~~^ fL* \ \ \
The following improvements now completed, or ( F" \ 2
under way. make a record to be proud of : /^ S: *aj-^ \ 'wf \ \
Ice and Cold Storage Plant (Brick) $75,000 • \ J^%f SSr gt f
Hotel El Centro (Brick) - - 30,000 W^ \\ J,^ J
Transformer Station and Power Lines 20,000 /~Y VV D ~ :r i
Opera House Block (Brick) - 40,000 / .W'V A :^fe^^
Cement Sidewalks - - 10,000. _ _ _-V - - - "
Water Works System - - 10,000 x/a^\ I
Electric Light Plant for El Centro 5,000 f±3£ _ _, ■ _
s. p. r. r. Depot - - 6,000 EL CESINTTRO
Holt Block (5 brick stores) - 1 5,000 wm |^i
Machine Shop and Equipment 2,500
Hotel Franklin - - 5,000. METROPOLIS
Hardware Store - - 2,000 o f the
Hi v^entro Cantaloupe Association mmm r-» ■=>■-»■ a. ■ m/ *. n a ir-*-*./ (
Packing House 2.000 |
Peterson Building (Brick) - 1,200 More money liaa been Hpunt in buildliiga and
l?..ll«»*. RA.:*l<».r~R A .:*1<».r~ I W(\ permanent iniproveiii?-*"' -*v,i Centro in the last
rullersKesidence - - I.DUU five months than in \n in the lm-
Three Cottages - - 3,000 perial Valley in fiv< *-ul tee lot
El Centro Und Co's Office - 800 yourßeH - V '• . 5
Blinn Lumber Co. Yards 2,500 This is the
Fuller &Aten f s Office - - 600 ryr
Grading Streets, Etc. - - 1,000 ITY
.Total '- - $232,100 Come and*
For Information regarding El Centro and the Im-
perial Valley, and Its opportunities, address
D. H. CHAPLIN farm
GENERAL AGENT EL CENTRO LAND CO.
EL OENTRO. CALIFORNIA
office, and such persons shall hold office
until the first meeting of the stockhold
ers thereafter.
ARTICLE IV.
POWER or DIRECTORS.
The directors shall have power:
Ist. To call special meetings of the
stockholders when they deem it neces
sary. And they shall call a meeting at
any time upon tho written request of
stockholders holding one-third of all the
capital stock.
2nd. To appoint and remove, at
pleasure, all officers, agents and em
ployees of the corporation, prescribe
their duties, fix their compensation and
require of them security for faithful ser
vice.
3d. To conduct, manage and control
the affairs and business of the corpora
tion and to make rules and regulations,
not inconsistent with the laws of the
State of California, or the by-laws of
the corporation for the guidance of the
officers and management of the affairs
of the corporation.
4th. To incur indebtedness. The
terms and amount of such indebtedness
shall be entered on the minutes of the
board, and the note or obligation given
for the same, signed officially by the
president and secretary, shall tie bind
ing on the corporation.
ARTICLE V.
DUTIES 07 DIRECTORS
It shall be the duty of the directors:
Ist. To cause to be kept a complete
record of all their minutes and acts, and
of the proceedings of the stockholders,
and present a full statement at the reg
ular annual meetingof the stockholders,
showing in detail the assets and liabili
ties of the corporation and generally the
condition of its affairs. A similar state
ment shall be presented at any other
meeting of the stockholders, when
thereto required by persons holding at
least one-half of the capital stock of the
corporation.
2d. To supervise all officers, agents
and employees, and see that their duties
are properly performed. To cause to be
issued to the stockholders, in proportion
to their eeveral interests, certificates of
stock, not to exceed in the aggregate
one million dollars.
ARTICLE VI.
OFFICERS.
The, officers shall be a president, vice
president, secretary and treasurer,
wliichoffieerßhall.be elected by and
hold office at the pleasure of the board
of directors. The compensation and
tenure of office of all tlie officers of the
corporation (other than directors) shall
be fixed and determined by the board of
directors.
ARTICLE VI I.
PJIKSIDKNT.
The board of directors shall, at their
first regular meeting, elect one of their
number to act as president; and if, at
any tinfe, the president shall bo unable
to act, the vice-president slial' take his
place and perform his duties; and if the
vice-president, from any cause; shall be
unable to act, they shall appoint Borne
other member of the board to do so, in
whom shall be vested, for the time be
\ ing, all the duties and functions of his
| office. Tho president, or in hie absence,
thedirector appointed as above provided :
Ist. Shall preside over all meetings
of the stockholders and directors and
shall have the casting vote. ■
2d. He sliail sign, as president, all
certificates of stock, and all contracts
and other instruments of writing which
have been first approved by the board
of directors and shall draw checks upon
the treasurer.
3d. He shall call the directors to
gether whenever, he deems it necessary,
and shall have, subject to the advice of
thedirectors, direction of the* affairs of
the corporation, and generally shall dis
charge such other duties as may be re
quired of him by the by-laws of the cor
poration. "■ ' ;,/■•&'
The president, or two. of tho directors,,
may call special meetings of the- direct
ors at any time, and notice shall be giv
en of such called meetings by leaving a
written or printed notice at the last
known place of business or of residence
cf each director. Such service of notice
shall be entered on the minutes of the
corporation, and the said minutes, upon
being read and approved at a subsequent
meeting of the board, shall be conclii- .
sive upon the question of service.
ARTICLE VIII ■
SECRETARY.
The board of directors shall > elect ' a
secretary, v i
let. It sball be the duty of the secre
tary to keep a record of the proceedings
of the board of ' directors and of -the
stockholders.
2d. He shall keep the corporate seal
of the corporation and the book of blank
certificates of stock, fill up and counter
sign all certificates issuell, and make the
Continued on Bth pa*e.
NO. 6