Kern County CA Archives History - Books .....Those Water Fights 1934
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Book Title: Where Rolls The Kern

CHAPTER XIV.
Those Water Fights. 

   ANY history of Kern County that failed to take note of the vast amount of
litigation that took place over the water rights of the Kern River would be far
from complete; but should any historian who might be capable of the task,
attempt to tell the complete story of the "water fights," as they are commonly
referred to, he would require far more than a chapter, even far more than a
volume. In fact, were the job to be faithfully and completely done, the
resultant work would closely resemble a complete library—and a law library at that.

   There were injunctions, counter injunctions; law suits and counter suits, and
finally a special session of the Legislature. What started as a local legal
battle eventually assumed State-wide proportions, affecting every irrigated area
of the commonwealth; and literally tons of paper were consumed in spreading
propaganda to the State press.

   It was a battle royal, lasting for many a year, and in this work no effort
will be made to tell the story beyond giving the highlights.

   Although the first suit of importance in this long drawn-out bitter
controversy was not filed until 1880, the activities that were to lead to it
commenced in the early 70's, so a brief review of the matter will begin back in
those days.

   In August of 1873, J. H. Redington took over the affairs of the defunct, or
at least partially defunct, California Cotton Growers Association. In November
of the same year, an item in the Courier informs us that J. C. Crocker and
Miller & Lux "are fencing a great tract of land between Buena Vista and Goose
Lakes and are preparing to sow alfalfa."

   In January of the following year, 1874, an item informs us that "Billy" Carr,
the Southern Pacific politician, was inspecting his Kern County holdings and
casting about with a view to increasing his acreage within the county. The same
year we find Doctor George F. Thornton getting the Bellvue and McClung ranches
established for J. B. Haggin.

   The year 1876 was an exceedingly dry one, and we find "Livermore & Chester,"
as the firm of Redington & Livermore was still known, expending $20,000 for the
construction of a dam of brush and gravel across the Kern for the purpose of
turning the waters of the river into the Kern Island Canal.

   In July, 1877, we find the Kern Valley Water Company, with J. H. Redington as
President and H. P. Livermore, as Secretary, entering into an agreement with the
trustees of the Swamp Land District, lying North of Buena Vista Lake, to
complete the reclamation work which the trustees had begun.

   Back in 1874, Redington & Livermore had constructed wing-dams and performed
other acts incident to the handling of the irrigation waters that did not appear
to be according to Hoyle in the eyes of Haggin & Carr in the same dry year of
1877. These acts led to a legal battle between Haggin & Carr and Redington &
Livermore; but so tame was this legal controversy in comparison with those that
were to come later, that it will de disposed of in this work with nothing but
passing mention, beyond the fact that Haggin & Carr emerged victorious, and
finally acquired the Redington & Livermore holdings. In June, 1879, we find
Redington & Livermore giving J. B. Haggin a deed to the "Cotton Ranch" of 729.03
acres, now a part of the city of Bakersfield, without valuable consideration. It
appears that the deed was given so that the former might be free of all their
holdings within the district.

   This final transfer left Haggin & Carr on one side, Miller & Lux on the
other, and innumerable canal companies and individuals in between, so to speak.
Miller & Lux had acquired the interests of the Kern Valley Water Company. The
bulk of the Miller & Lux holdings were North of Buena Vista Lake, some twenty
miles or so West of Bakersfield.

   Back in March, 1877, Congress had passed the Desert Land Act, and this had
further complicated the Kern County land situation, for it had presented another
excellent opportunity for land grabbing, which the opposing factions in Kern
County's battle for land and water were not slow to take advantage of. So great
were the abuses under this act, that the operations of it were later suspended
by Congress for a number of years.

   Anyone at all conversant with the history of California, is aware of the fact
that the firm of Miller & Lux was dominated by Henry Miller, and that that
interesting individual was not of the type who could quietly sit by and see a
firm such as Haggin & Carr enjoy anything to which he felt that he had any
claim,. Of course, there are many who contend that Miller was in the right, and
no effort is going to be made here to sit in judgment on the case; but the fact
remains that Henry Miller had a fairly broad reputation as a land grabber,
whether such reputation was fully deserved or not.

   Miller maintained that Haggin & Carr were using waters to which he was
rightfully entitled; and he maintained it loud and long. Even the publicity man,
generally supposed to be a development of a later dav, [sic] was brought into
play, and the State press was literally bombarded with tons of "copy" by
representatives of the various parties to the great controversy. Julius Chester,
one of the early day settlers of Bakersfield, had turned editor, and was in
editorial control of the Southern Californian, through the columns of which he
espoused the cause of Miller & Lux. Richard Hudnut as editor of the Californian
(successor to the Courier), under the ownership of A. C. Maude, fought the
battles of Haggin & Carr. Before the great battle was finally ended the Kern
County Echo was founded in 1886, with Sylvester C. Smith as editor, to fight the
battles of the individual land owners. Not only did these rival editors cram
their own columns with their views of this great water controversy, but they
supplied the entire State press with unlimited quantities of publicity, much of
which was printed, so general was the interest in the great battle for the
control of the water rights.

   Miller's contention was that the English common law respecting riparian
rights governed the use of water in California, and thus contending, filed suit
September 2, 1880, the case being officially known as Lux vs. Haggin, somewhat
to the chagrin of Miller, who was not noted for his modesy. Hearing of the case
opened April IS, 1881, before Superior Judge B. Brundage of Kern County, with a
great array of legal talent representing each side. The last witness was not
heard until June 2 of that year, after forty-nine days of testimony. By
stipulation of opposing attorneys, arguments were begun in San Francisco, June
20, and on November 3, of the same year, Judge Brundage rendered his decision—in
favor of Haggin.

   This decision quite naturally called forth all the fight Miller had in
him—and he had plenty. He not only appealed the case to the Supreme Court, but
he is said to have been responsible for launching a political campaign against
Judge Brundage, that resulted in that jurist's defeat at the ensuing election,
by a narrow margin, proving that local sentiment over the great controversy was
fairly evenly divided.

   The year 1884 was a year of exceedingly heavy rains, and the first thing they
knew, the combatants had too much water! This led to another spectacular battle,
each trying to force the damaging flood waters on the land of the other, with
injunctions, counter-injunctions, threatened gun play and all that went to round
out a first-class scrap wherein masters of the art of fighting were the contenders.

   May 28, 1886, came a decision in favor of Miller, the English common law
respecting riparian rights being upheld. Then there were things doing in a big
wav, for the decision affected the title to all irrigaton [sic] waters of the
State of Calfornia. Irrigation conventions were held throughout the State, and
irrigation laws became the chief topic of conversation and consideration
everywhere within the commonwealth.

   Finally, Governor Stoneman was prevailed upon to call a special session of
the Legislature for the sole purpose of considering irrigation legislation. He
issued the call in July, 1886, and in the following month the special session
convened. The assembly passed the irrigation bills practically as they had been
drafted by the irrigation conventions, but the Senate refused to follow suit,
and finally the session adjourned September 11, 1886, without having
accomplished anything beyond running up a nice bill for the taxpayers to meet.

   The decision of the Supreme Court, rendered in May, brought about the signing
of what is known as the Miller-Haggin agreement on July 28, 1888. The agreement"
was signed by thirty-one corporations and fifty-eight individuals owning water
rights on Kern River. The agreement recognized riparian rights as vested rights,
and gave Miller one-third of all the waters during March, April, May, June, July
and August, of each year; the second parties—Haggin and the other parties to the
pact—being alloted the remainder. Buena Vista Lake was designated as a storage
reservoir, and the agreement was made as a perpetual covenant to run with the
land, the holders of the land to share the expense of constructing and
maintaining necessary levees, etc

   Kern County has gained national, yes, even international, fame, for its gold
booms, its silver booms, its oil booms, and as a great agricultural empire; but
it is doubtful if all these put together ever brought the County a fraction of
the publicity obtained as a result of the "water fights."


Additional Comments:
Extracted from:

Where Rolls the Kern

A History of Kern County, California
By Herbert G. Comfort

MOORPARK, CALIFORNIA:
The ENTERPRISE Press
1934

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