The 1855 California Supreme Court case Irwin v. Philips emerged as a contestation of the diversion of water by settlers in the Sacramento-Delta region and across California, establishing a precedent which favored settlers' rights to divert water for mining and gold extraction. In the case, two settlers contend the use of bodies of water, such as a stream or river; while one settler upstream manipulates the body of water to channel volume, velocity, and pressure for the procurement of precious metals such as gold and silver for a prospective hydraulic mining operation, the other settler downstream - who did not utilize the land for such industrious use but rather for personal use - despite arriving to the body of water prior to the former settler, is not favored by the California Supreme Court in the ruling. And, while the latter settler downstream would be riddled with significantly diminutized water pressure and water volume because of the operations conducted by the settler upstream, Irwin v. Philips (1855) ultimately rules in favor of the settler upstream because of the utilization of the claim for industrious and productive use as opposed to personal use, particularly for their hydraulic mining operation with the construction of dams, canals, and ditches to procure gold and silver. The California Supreme Court's ruling in Irwin v. Philips (1855) would come to be known as the doctrine of prior appropriation, colloquially referred to "first in time, first in right" by contemporary settlers. The ruling was largely influenced by the customs developed autonomously and self-governed by the contemporary settlers on mineral lands, that whichever settler arrived and made productive use of the bodies of water ultimately procured the claim. The court favored and formalized these settlers' self-governed customs into law. The legal doctrine in Irwin v. Philips (1855) was a radical departure from the traditional riparian doctrine which dominated the eastern United States and English common law. Under riparian law, land owners' parcels adjacent to a waterway has right to a reasonable share of the waterway's flow. After Irwin v. Philips (1855), the prior appropriation doctrine would be adopted across the western territories and states, including Colorado, Nevada, Montana, Idaho, Wyoming, and Utah, becoming a foundation of western water law. The rhetoric of the legal doctrine in Irwin v. Philips (1855), which favors industrious use and purpose, agility, and speed of settlement and rapid construction of dams, canals, and ditches, is amongst much of the contemporary legal and extralegal landscape which would facilitate the dispossession of land and expropriation of resources by contemporary settlers, most prominently referred to as the '49ers', from indigenous communities. The principle now governs the allocation of the Colorado River, the Central Valley's agricultural water supply, and the drinking water for tens of millions of people across the western states. In the context of Gold Rush-era mining, a claim represents a formal assertion of legal right to a land staked with the expectation and speculation that such land may have an abundance of resources to be extracted from. The claim is identifiable, as well, as the nexus and point where natural resource diversion, or extraction, can and would occur in any given circumstance. In contemporary financial markets, a claim denotes a right to speculative future returns or ownership of commodities. In 2021, a California-based private aerospace company began the fabrication of mirrors to deploy into orbit, designed to divert sunlight toward Earth. The on-demand satellite sunlight company's mission is to extend labor-time for workforces, illuminate agricultural zones towards extending growing seasons and accelerating crop cycles, and to explore applications for militarized and war-site regional usage. The company's use-case scenarios ultimately create landscapes to intervene in the logic of natural resource diversion, which has been historically framed as a claimable commodity through historical legal precedents such as the appropriation of water during Gold Rush-era disputes and in Irwin v. Philips (1855). The prospective diversion of sunlight asserts a claim within orbit, a satellite mirror, creating questions through the former legal doctrine as to what foreseeable abuses, albeit not diminutized water pressure and water volume, can be assumed by the parcels of land which the sunlight falls upon Earth from the mirrors in orbit. An eighteen meter reflector launched into orbit could prospectively illuminate parcels of land on Earth as large as five to six kilometers. The private aerospace company received approval by the Federal Communications Commission in 2026 for their deployment of the mylar mirror satellites into orbit. At this time, there are no protective frameworks to denote spatial claims created by orbital satellite mirrors diverting sunlight on an allotted land mass. In 2021, as part of the exhibition Public Sculpture 001-C (2021), the artist adopted the legal doctrine established in Irwin v. Philips (1855) to divert a claim from a spigot in the Los Angeles Municipal Art Gallery (LAMAG) for the installation of a sculpture installed in the LAMAG gallery, a facility operated by the City of Los Angeles Department of Cultural Affairs. In lieu of the installation and exhibition of the physical sculpture, the artist requested LAMAG to broker gold-backed Exchange-Trade Fund (ETFs) shares daily for the duration of the exhibition in the monetary amount of water the sculpture would have utilized daily, based on Los Angeles Department of Water and Power (LADWP) public building day rates, would it have been exhibited on view in their gallery. The brokered ETFs and subsequent profits of the brokerage of stocks of gold, performed by LAMAG on the artist's behalf, were recorded as part of the summary report of all transactions and brokerages as part of Public Sculpture 001-C (2021), with no physical work, installation, or exhibition on view in the LAMAG gallery. The brokerage account of all gold-backed ETFs have been unencumbered since the exhibition of Public Sculpture 001-C in 2021, when all transactions performed by LAMAG on the artist's behalf concluded five years ago on April 28, 2021 on the final date of exhibition of the work. For the duration of the exhibition, the Guggenheim Gallery at Chapman University will solicit owners of four parcels of land bordering the furthest north-west, furthest south-west, furthest south-east, and furthest north-east property lines of an industrial agricultural pomegranate, pistachio, and almond farm in the Central Valley of California. The monetary lease of the the four parcels of land will be determined and procured at the current valuation of the brokerage account of gold-backed ETFs, unencumbered since the exhibition of Public Sculpture 001-C in 2021, at the time of contractual lease. The four parcels of land will serve as sites for server-satellite towers to be erected in the Central Valley of California.
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