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0')'3"- I' \ i r) ~ Hm'nltl E. T1/', 185 St:-lles hnvc long hnd water problem" :lnd in most of tlwm the statf: engineers ~rc cb;uged with rcspr)l1sibilit)' for some degree of ground-water man;:t~emcnt. but tbeir regulatory powers Olre limited by the statutory <lntl judicial laws of their respective states. Generally these laws recognize the existence and validity of operations in the present pattern of developllle7H :111(1 use; and for additional development, including the selection of the Incation, depth. and draft of new wells, they look chiefly to private initiative in the future, as in the past. The management functions of the <;;t;lte en~ineer are gener:111y limited to prevention of undesir:lble development or lIse of water. \Vklt ilT(' the prospecrs of llchieving: optimum. use in spite of ohstaclcs interposeo hy Wtlter right,:;? This question may be answered in two parts. First, considererl as real property, particularly when they are appurtenant to bncI, W:lter rig-hts have monetary value, whether the w;Her is used or nor. Rec;J\lsc of the increasing pressurc of population upon the bmI. the trend for several decades has been toward c.urtailing the privileges and inc:reasin~ the responsibilities of landownership. There is some evidence of a simibr trend with respect to water right.c; appurtenant to landownersnip. 'Veils Hutchins,n in summarizing the relation of individual rights to the public interest, points Ollt thnt protection of priv<1tc rights of property is unque.c;tion;tbly a matter of puhIic: (oncern, because constittnional rig-hts :uc invoked in seC\1Ting the individual's rij:!;hts. "Suhstantial private rights will be :lnrl should be protected, This is in the public interest. On tbe other llalld. rhe perpetll:1tion of (Hlsuhstantial, unused, ,:md i1J-lI.'ied ri~Jlls in ;Ill ()\'Crdr;IWll gTollllcl-watcr n:sen'oir i.. not ill lhe public interest. Recent high COllrt decisions. few though they :lre, indicate a growing aW(lreness of this," Second, to the :lctulII water user, a water right is of concern only in the ~"),"'cll(e of :111 :l.c;mred \\'ater supply. Historicd!y. W:lter ri~htc; renl:lined vague so long :1S there W:lS ,1IH11l(!:lllcC for :111. :llld hec;llllc more sharply nenned whenever and wherever the ratio of \lmter demand to W:lter supply increased sufficiently, Currently in our most densely populated :lreas, W:lteT rights are :lg<l;n of no concern to the inn;\.'jrluaJ, because he h:ls :lssur{'Jnce of continued supply of water for his needs. The "(1)' gener:ll :lcceptance of municipal and other wmer-utility service is perh:lIH the best answer to any ind ications that inrlividual water rights will be an insurmountable obstacle to effective ~rolJlld-"':ltCl' llLlllil,!!,t'mCIlL. Ahout two thirds of ihe Il:Hioll's popubtion. including practically all the lIrb:lIl poplIbtion, is now served by water utilities. 'Vithollt si~nill~ quitclaims. these people to all practical purposes h:l.\'e relinquished the individual ,,'ater rights th:lt mig-ht accrue by bnd- l")h'IlCrshir) or :1nu;d lIse of \\':1tcr. Hut tht'Y h~lve also dclcg-:tted the respon- s.ihility for lTl:tintcll<lIlCt~ or suppl)'. ;H1<1 now receive water upon demand. merely upon payment of their proportionate Sh:lTe of the cost of the service. Thus, much of the Ilntion's water h:1s been placed on a par with other IHlhlic lItilities. (t should be c;;tressed th~lt a water l1SE'r rc:legates WJtcr ri~hts to his sub. conscious only so long as he h;tS cOlltinned assurance of ;l supply :ldec]1late fot' his denl<lnds, Generally the large water utilities have accepted respon- .....ihility for as,>urillg- .'>llpplic,:, lIot ol1ly for the \,rcs(~nt but ~dso for the projected future lIeeds of lheir "cniLe :lre:ls. For ,c;nIllC this has mc:lIlt l:lpping- remotc :lre:1S of surplus hy mClln.c; of pipelines hUllrlrcds of miles ill length. :lnrl it h<ls 11'VclJ." Hlltr-hin:::. "(;ro\lnd,w:lle.r J.cgisltllion," :10 Rnrky Ml. T.mtl RCt'.. 41fi"t40 tlll:iH).