USA > California > San Bernardino County > Ingersoll's century annals of San Bernadino County, 1769-1904 : prefaced with a brief history of the state of California : supplemented with an encyclopedia of local biography and portraits of many of its representative people > Part 27
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This was the high tide of the Bear Valley history. Work was vigorously pushed on developments and the Alessandro pipe line was constructed and water turned into it. Large blocks of the stock of the company were sold in England and Scotland at a premium ; dividends were paid to the amount of a million dollars. it is claimed.
In December, 1893, the Alessandro Irrigation District began suit in River- side county against the Bear Valley Company, and pending the result Judge Noyes appointed F. P. Morrison receiver. This was the beginning of the end. The foreign stockholders and the creditors began investigations. In October, 1892, the company had given a trust deed of its property to the Savings and Trust Company, of Cleveland, Ohio, to secure a loan of $300,000. After exam- ining into affairs the other creditors began suit in the United States District
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Court, through their agent, John Gilbert Foster, and Judge Ross appointed, April 2, 1894, J. A. Graves and A. B. McGinnis as receivers.
Under the instructions of the Court the receivers proceeded to collect such sums as could be collected, and also to meet the obligations of the com- pany, and to pay some of the debts of the corporation, issuing receivers' cer- tificates when funds were not available. By the time that the suit brought by Mr. Foster came to judgment these certificates aggregated a large sum. Judgment was finally rendered against the defendant, and the property was sold at receiver's sale to satisfy the judgment, but not the receivers' certifi- cates. Arthur Young was the purchaser and the price paid was $380,000, but the property was still subject to incumbrances which were then computed at about one million dollars. A Master of Chancery had been appointed by the Court, who took testimony and made his report, establishing such claims as could be maintained under the technical construction of the laws governing such proceedings and wiping out many others that were, perhaps, considered simply as moral but not as legal obligations, equally binding.
Mr. Young subsequently conveyed the property to the New Bear Valley Irrigation Company, a corporation organized under the laws of Arizona. In September, 1896, an action was commenced in the Circuit Court of the United States by the Cleveland Savings and Trust Company to foreclose their deed and to foreclose the receiver's certificates issued in the case of Foster vs. the Bear Valley Irrigation Company, amounting to $153.000. In this action E. H. Spoor was appointed receiver of the company's property by Judge Ross. Mr. Spoor is still receiving and the action is still pending. October 1, 1896, Mr. Spoor, as receiver, attempted to establish an entirely new basis of com- pensation for the use of the Bear valley waters by ignoring the certificates entirely and fixing a rate for the sale and delivery of an inch of water per day, the price demanded varying with locality between ten cents, the lowest winter rate, and thirty-five cents, the highest summer rate. The only water excepted from these rates was the guaranteed North and South Fork water and the 108 inches of tunnel water delivered to the Redlands Water Com- pany. Naturally the holders of Class A certificates, and other water users resisted this new demand, and a great deal of technical sparring between the attorneys employed on the respective sides took place. Numerous peti- tions, briefs, demurrers, complaints and answers were submitted and argued and this active contention in the courts brought the case down to the close of 1898, without a decision. In a report rendered in October of that year this language occurs: "It appears that for upwards of four years the (Bear Valley) plant has been involved in a complicated, expensive and tedious liti- gation in the Circuit Court of the United States for the Ninth Circuit, which litigation is still pending, and from all that appears will be likely to remain unconcluded for years to come."
The present status is about the same that it was in 1898. While some
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of the suits and contentions have been disposed of, the entire property is covered by liens held by the Savings and Trust Company, of Cleveland, Ohio, to secure the payment of bonds and receiver's certificates, now aggregating something over one million dollars. Various incidental questions are involved in the suit, it being sought for one thing to determine the legal status of the water certificates and the so-called deeded water and foreclose all rights thereunder ; the holders, some hundreds in number, being made defendants. There can be no knowing when this suit will be settled or what the result of the decision may lead to. At present the newly formed Bear Valley Mutual Water Company of Redlands, made up of the water-users from the Bear Valley system, are negotiating with the Savings and Trust Company for the purchase of the property. Should this be done the legal questions involved would be much simplified and the large area now supplied from the reservoir would be assured of a sufficient and cheap supply of water.
ARROWHEAD RESERVOIR SYSTEM.
In the year 1889 L. M. Holt, W. E. Van Slyke and A. H. Koebig located a reservoir site on Huston flat, in the San Bernardino range, almost due north of the city of San Bernardino. Soon afterward a company was formed by Mr. Koebig, Chas. J. Perkins and others, which thoroughly explored the mountains and located and sur- veyed a series of reservoirs to be connected with Deep creek by a large canal.
In 1891 the Arrowhead Reser- voir Company was formed in Cin- cinnati, Ohio, with a capital stock of $1,000,000 and the following board of directors: James N. Gam- ble, president ; Adolph Wood, vice- president and general manager ; Benjamin F. Ehrman, secretary ; Chas. G. Gove, treasurer; Jas. E. Mooney. Chas. H. Kilgour, Henry Lewis, Ellis M. Potter, C. Bently Mathews, Robinson J. Jones. of Etiwanda, and L. M. Holt, of San Bernardino.
This was the period when the Bear Valley Irrigation Company was beginning its expansion. The Wright irrigation law had not then been declared unconstitutional, and ADOLPH WOOD irrigation districts were being formed in every direction. Irrigation bonds were in high favor as invest- ments and the outlook for any irrigation scheme was most favorable. The
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new company at once began securing title to reservoir sites in the San Ber- nardino mountains, and locating rights of way, and superseded the former organization. In 1892 the Arrowhead Company commenced work on a masonry dam of large proportions, which was intended to store water in a valley known as "Little Bear," on the headwaters of the Mojave river. This stream flows northward from the San Bernardino mountains into the desert, and its waters are now wasted. The project of the Arrowhead Company was to gather a number of tributaries of this stream above an elevation of 4,800 feet and store the water in several reservoirs to be carried across the San Bernardino mountains and used for irrigation purposes in the San Ber- nardino valley. The Little Bear reservoir, when completed, will cover an area of 884 acres and impound 60,178 acre feet of water. The company has been at work on the main conduit of the line since 1892, their efforts being devoted mainly to opening the principal tunnels, of which there are a number on the line. The longest of these, the outlet to the main reservoir, is 4,937 feet in length, exclusive of approaches. This tunnel is now completed, and is a fine piece of rock work, much of it passing through solid rock. Work upon the dam of the Little Bear reservoir is now being rapidly pushed, and this great reservoir will soon be added to the water sources of our county.
The total length of conduit required to turn the water over the mountain divide is thirteen miles. All of this is to be pipe line or tunnel, so that the water will pass through a closed conduit from reservoir to point of delivery from the company's main line.
A number of factors beside the extensive and difficult work to be accom- plished have tended to delay the work of the company. There was difficulty in securing right of way through the Government reservation. The Ross decision, with regard to the Wright irrigation act, left the status of irriga- tion companies in an unsettled state. The provision of the constitution permitting supervisors to fix water rates has also complicated matters. But the time has been utilized by the company in making the most careful stream measurements and precipitation records that have ever been kept. When the company is ready to deliver water they will be able to furnish data that will show the exact value of the property, and will know to the drop how much water they can furnish. The Arrowhead Company is organized on a different basis from any other irrigation company that has, as yet, been formed in California. They own no land other than the reservoir basins in the mountains, and will put in no individual delivery system. 'They will simply sell water by the wholesale from their main conduits
From the summit crossing to the grade of the conduit at the base of the mountain skirting the upper slopes of the valley north of San Bernardino the total descent is 2,700 feet, which force will be utilized to develop power, for electrical purposes.
The preliminary work of this great undertaking is now well completed.
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the rights of way have been secured and the projectors are now pushing the work rapidly to a completion.
THE ARTESIAN BASIN.
"The San Bernardino valley, whose floor is formed of an open gravel, constitutes a great reservoir or tank, which yields a uniform flow to the various wells which tap it. This great reservoir is filled by winter precipita- tion and by seepage water. Some idea of its size may be gained from the following figures: The entire valley comprises some 563 square miles ; the flat area above Colton, presumably all formed by gravels eroded from the mountains, contains 132 square miles. On a conservative estimate, 100 square miles of this is of gravel to great depths, approximating 1000 feet-numerous wells have been sunk to go0 feet with no indications of bed rock. Suppos- ing this gravel bed to have an average depth of 300 feet, the total water storage capacity, estimated at one-third of the mass, would be 6,400,000 acre feet, or eight times the storage capacity of the famous Assuan dam of Egypt. Enormous as this seems, it is believed to be greater, rather than less, than the amount stated.
"The importance of this reservoir and the limits of its capacity are only beginning to be understood. So far it has not been accurately determined whether the present rate of withdrawal is permanently lowering the water plane or whether years of abundant rain will restore it to its fullest capacity. With the running surface water fully utilized, it can be seen that an increase in the available supply must of necessity come from this reservoir, and careful studies will have to be made to arrive at a just and definite conclusion as to the amount which may be drawn therefrom. From experiments in other places it has been fairly well settled that the greater the drain on an under- ground reservoir the greater the capacity. Capacity does not mean flow, however. Cycles of dry years have proved that all wells cannot be depended upon. Some have failed altogether, others have had decreased flow, and in several cases the sinking of a new well has resulted in a substantial diminu- tion in the supply of the older ones. To the problem that arises from this there is no definite legal solution. How much one well may be responsible for the failure of others is too hard to determine, and the motions and courses of underground waters are too little understood to allow of a legal adjudica- tion of rights, and the only possible remedy lies in one of two very simple and similar ways: One is to have enough water for all wells, and the other is to have only enough wells to properly tap the water supply. It can be said, however, that wells in the central and deeper portions of the valley have no difficulty whatever, and only those shallower ones around the edges of the underground basins will fail when the water plane is lowered through successive demands on it."
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SOURCE OF SUPPLY.
"The Citrograph has frequently brought forth the theory that at least some portion of this underground water comes from the still higher Sierra Nevadas, and, possibly from the backbone of the continent-the giant Rocky mountains. Although rather "laughed out of court" by many of those who claim to be "scientists" yet many original thinkers and close observers and reasoners agree in this direction.
Wm. M. Bristol of East Highlands, recently published an article in which he takes the same ground, taking the ground that, in no other way, can this enormous and continuous flow of the hundreds of artesian wells in this valley be satisfactorily explained. He also notes the fact of unfailing springs and flowing wells far up the mountain side and even on almost the top of the range. The flow from these is so considerable that the water must come through an inverted siphon underground of enormous length. It is generally admitted that water will travel a mile through rock that is pretty compact, and, if this be true, why not, if time be granted, through a thousand miles ?
"Roughly speaking," Mr. Bristol says, "the Mojave desert is a thousand feet above the San Bernardino valley. The mountain range which separates them is a rock dam, many miles in thickness. Were this mighty dyke of granite, or of any less solid rock, in position similar to that in which it was formed it might be fairly impervious to water. But in the upheaval which lifted it to its present position it was seamed and shattered, and, even within a half century, has been rent by tremendous earthquakes. It is reasonable, therefore, to suppose that a portion of the water of the Mojave basin finds its way through it, not by a vast air-line tunnel, but by a million devious crevices and under great pressure into the San Bernardino basin, as well as other valleys south of the Sierra Madre."
ARTESIAN WELLS.
In 1868 H. M. Willis put down the first artesian well in the San Bernar- dino valley on his place at Old San Bernardino. He did not succeed in obtaining water, but the tools were removed to the city of San Bernardino and a flow obtained, and later a well was put down at the Willis place, from which a flow was obtained. The Wolff well on the south side of Third street between E and F streets, was one of the first wells in San Bernardino.
In 1881 it was estimated that there were from 400 to 425 artesian wells in the valley, the most easterly being at the Old Mission. At that time the deepest well was 410 feet, located on Judge Willis' place. These wells were
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HISTORY OF SAN BERNARDINO COUNTY
from two to eight inches in diameter-generally two-inch wells-which sup- plied water, without pumping, for domestic and garden purposes. As the need for water pressed, the wells were bored deeper and pumping plants were installed in many places. Now many of the wells are 900 and 1,000 feet deep and some even deeper.
In 1879 the Riverside Improvement Company was formed to supply Riverside with domestic water, the chief source of supply being artesian wells in the San Bernardino basin. The company purchased 747/2 acres of land along the Santa Ana and Warm creek and constructed a pipe line to convey the water obtained there to Riverside.
The Gage Canal system, one of the most important irrigation enter- prises in Southern California, is almost altogether dependent upon artesian water derived from their lands lying along the upper limit of the artesian belt.
"Thus Riverside is supplied with a bountiful and permanent flow of water, pouring in constant streams from the depths of the earth, forced up by tremendous pressure of unknown volumes of water crowding from higher altitudes. This water is conveyed to the point of use miles away, in cement- lined ditches and pressure pipes, for irrigation and domestic use. It is all flowing water, no pumps being necessary, and Riverside, being two hundred feet below its wells, gravity does all the work at no cost whatever."
Of the artesian supply of Riverside in 1899, the Los Angeles Times thus reports :
"Riverside. The largest body of irrigation water in Southern Cali- fornia is that which flows through the canal of the Riverside Water Company, while there are several other canals running into the Riverside district, in- cluding Highgrove and Arlington Heights. It is said that the waters of these various canals aggregate 6000 inches. This is something of a gain over the flow of previous years, and the supply is ample for all the trees growing in the largest body of citrus-fruit orchards in the world. But the development of water must be liberally discounted here to make good the shrinkage in other wells, the developments of the Riverside Trust Company and the Riverside Water Company practically representing the shrinkage in the old wells of those companies. This supply may increase with winters of heavy rainfall. though the water is taken from the San Bernardino basin, the water level of which is being lowered by increased number of wells. The Riverside supply is from artesian wells, and it is evident that by pumping at any time the flow- could be immensely increased. The record of developments is as follows. exclusive of the big gusher at San Bernardino, leased by the Riverside Water Company ; Riverside Water Company, artesian wells, 360: same company from increased drainage. 50: Riverside Trust Company, 399: Highgrove, 100; R. C. Stewart, 50; C. S. Burgess. 25 : George Thomas, 40 ; by several farmers on lowlands, 100. The total for Riverside is 1125 inches.
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"San Bernardino. The water developments about San Bernardino during the past year have been great, aggregating fully 900 inches, of which the record is given for about 750 inches, there being a number of smaller wells. One of the greatest wells in the country is that belonging to L. S. Davis and Mrs. S. E. Wells, regarding which there has been considerable published. This well yielded about 400 inches when it was first struck, but finally settled down to a steady flow of 300 inches. The water from this well was rented by Riverside for the season. Other wells are: Cosmos Land and Water Com- pany, 25 inches : J. E. Garner, 75; J. F. Beam, 60; Frink Bros., 28: F. M. John- son, 20; \V. M. Curtis, 20; James Lamb, 25; E. H. Durnford, 30; P. J. Clev- inger, 30: J. H. Pierson, 20 ; Mr. Scott, 25; William Barton, 25 ; Mr. Anderson, 20; Haws Bros., 25; John B. Clark, 25.
"Colton. The Colton Water Company has put down five wells near San Bernardino from which there is being pumped 170 inches. Fox, Archi- bald & Co. have a new well yielding sixty inches. There are a number of smaller wells which would bring the total new water of Colton to at least 350 inches.
"Highland. Quite extensive work has been done in Highland with better results than was considered possible a year ago. Among the wells sunk and yielding water are the following: Highland Well Company, 35 inches; Highland Domestic Water Company, 20; Capt. Fry. 20; Mr. Pattee, 25; W. S. Corwin, 8; Mrs. Dr. Burcham, 30; Linville & Burgoyne, 20; Mc- Abee tract, 10; WV. M. Bristol, 15; City Creek Water Company, 20; A. G. Hubbard, 25 ; George M. Cooley, 33; G. W. Strowbridge, 10."
The domestic supply of the city of San Bernardino is drawn almost en- tirely from artesian wells as is that of Colton also. The dry seasons have pushed the development of artesian water into fields at first supposed to be impracticable. Wells have been put down at Highlands, in the Yucaipe valley and in other localities along the upper edges of what is supposed to be the artesian belt, but most of these wells require pumping to secure a flow. There are now in the artesian belt more than 1,000 wells, some of them having been in use since 1870, although the greater proportion of the older wells have now ceased to furnish water. During 1900 a careful investigation of all the wells in the Redlands and San Bernardino quadrangles was made under the direction of J. B. Lippincott of the U. S. Hydrographic Service, full reports of what are published in Bulletins Nos. 59 and 60, of Water Supply Reports.
WATER LITIGATION.
Water is so valuable an asset in this county and the laws governing its ownership and use are so uncertain that much litigation regarding water rights has necessarily arisen and some very important decisions have been rendered in cases originating here.
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Disputes over the use of water began with the appearance of white set- tlers. The necessity for some authority to deal with these was so great that the Legislature created a special Board of Water Commissioners to settle conflicting claims and have general oversight of water questions, the use of ditches, construction, etc., in this county. But this did not prevent suits at law. The first lawsuit over water in the county was that of the North Fork ditch owners against the Cram-Van Leuven ditches in 1861, which was settled by an agreement between the parties.
ยท Out of the appropriation of Mill Creek waters by settlers in the vicinity of Crafton has grown a long and hotly contested battle between the individual holders at Crafton and those of Old San Bernardino. The Cave vs. Crafts suit brought in 1875 was locally celebrated for the length and exhaustiveness of the testimony and the decisions. The case was disposed of in the lower court in 1876 and it was found that although Craft had been using water at times when he was not entitled to it, still he had certain rights, and that certain other defendants had rights by adverse use. By this decision it was de- termined that the waters were not inseparably appurtenant to any land, but that certain persons had established rights.
In 1883-84 another case regarding Mill Creek waters was brought- Byrne vs. Crafts-in which it was claimed that the waters had been used on the Rancho San Bernardino since 1820 and were exclusively an appurtenance to the lands of said grant. It was found in deciding this case, however, that none of the waters at the time of the grant were ever or at all incident or ap- purtenant to the ranch lands, or to any portion of them, except to that portion known as Cottonwood Row. The former decision was sustained and it was furthermore found that an owner of a water-right in the ditch could do what he chose with the water during the hours the flow was allotted to him, pro- vided he did not deprive the holders of other hour-rights, of the full flow of the stream during the period of their turn; and, moreover, that the waste waters of the ditch were not and could not be any specified quantity, but only stich water as irrigators from time to time did not use.
One of the most interesting and important water cases which has come before the courts of the state was that of Pope vs. Kinman, brought in 1877, in regard to Lytle Creek water rights. A. J. Pope, one of the owners of the Muscupiabe grant sued W. J. Kinman and others of the water appropriators, alleging that the waters of Lytle Creek were due to the Muscupiabe grant lands which were riparian to the stream, and that use of them on lands not bordering on it, was without authority of law. The defense of appropriation under the laws of the state and of Mexico was set up, and it was urged that the waters having been used over five years, the right to continue their use had been established under the "statute of limitations." In December of 1878 the case was decided in the Superior Court of San Bernardino County in favor of the principal defendants and substantially in accordance with their answer.
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It was appealed to the Supreme Court which rendered a decision in December, 1879, in effect reversing the lower court and declaring, first, the supremacy of the doctrine of riparian rights as against appropriation, and second, that the "statute of limitations" does not run in favor of an appropriator of water against a claimant of land whose title is held in abeyance by the United States authorities.
The early complications of Riverside water companies led to much liti- gation which was only disposed of by the land owners incorporating the city of Riverside and organizing a water company which secured control of . the conflicting interests.
The failure of the Bear Valley Irrigation Company has led to endless complications and litigations which are more fully discussed under the Bear Valley History.
Of the complications likely to arise regarding underground water rights, Mr. W. M. Tisdale, of Redlands, says in 1902:
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