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<br />003110 <br />make the necessary appropriations, then obtain a lease from the state <br />to use the water, and then build the facilities necessary to move the <br />water. 18 <br /> <br />B. Allocation by Government Action <br /> <br />Perhaps the most common method of providing protection to the <br />area of origin is through provisions that directly or indirectly allocate <br />some portion of the water for future use in the area of origin. The <br />approaches taken here include recapture, reservation, and evaluation. <br /> <br />1. Recapture or Permanent Priority <br /> <br />California statutes enacted in 1931 and 1933 attempted to provide <br />protection to the area of origin by making certain state-held water <br />rights subject to the future requirements of these areas.19 The 1931 <br />Act has been characterized as providing a "right of recapture against <br />the users of export water, conditioning all export water rights by giv- <br />ing users in the county of origin a right to recapture exported water <br />any time the water becomes necessary for the development of the <br />county."20 The 1933 Act, which relates specifically to the Central Val- <br />ley Project, also created an inchoate priority right in the inhabitants of <br />the area of origin to obtain water whenever needed that superseded the <br />priorities of existing exporters.21 <br /> <br />2. Reservation <br />A second allocation approach involves reservmg some share of <br /> <br />18. No more than 50,000 acre.feet may be leased. lease terms may nol exceed 50 years. Jd. ~ 85- <br />2.141(4), (S). <br />]9. The 19] I provision states; "No priority under this pari shall be released nOf assignment made <br />of any application that will. . deprive the county in which the water covered by the application <br />originates orany such water necessary for the development of the county." 1931 Cal. Slat. 1514 (codi- <br />fied as CAL. WATER CODE ~ 10505 (West 1971 & Supp. 1985)). The 1933 statute stales: <br />In the construction and operation by the department of any project under the provisions of <br />Ihls part a watershed or area wherein water originates. or an area immediately adjacent <br />thereto which can conveniently be supplied with water therefrom. shall not be deprived by <br />the department directly or indirectly of the prior right 10 all of Ihe water reasonably re- <br />quired [0 adequately supply Ihe beneficial needs of the watershed, area. or any of the in- <br />habitants or properly owners therein. <br />1933 Ca!. Stat. 2643 (codified as CAI.. WATER CODE ~ 11460 (West 1971 & Supp. 1985)). <br />20. legal Study No.7, supra note I. at 77 (emphasis in original). <br />21. See. e.g., 25 Op. Cal. Atry Gen. 8, 21 (1955): <br />As the need of such an inhabitant develops he must comply with the general water law of <br />the state. . . to apply for and perfect a water right for water which he then needs and can <br />put to beneficial use.. . Specifically, this means that if, prior to the development of the <br />applicant's increased needs, the authority had been exporting from the watershed in ques- <br />tion water required to supply the applicant's increased needs. such use by the authority <br />would not justify denial of the application. <br />