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<br />OD3111 <br />the water for use only in the area of origin or, conversely, allowing <br />only exportation of so-called surplus water. The most formal method <br />of reservation involves specific assignment of waters to an area of ori- <br />gin. For example, California has used its authority to condition as- <br />signment of state-held water rights under Water Code section 10505 to <br />specifically reserve a portion of the water for the county of origin.22 <br /> <br />More commonly, the process involves a review of transfers to as- <br />sure that some reasonable amount remains in the area of origin. A <br />New Mexico statute recognizes a "natural right" to a "reasonable <br />share" of the water originating in the upper reaches of stream systems <br />for the residents of those areasP <br /> <br />A Texas statute, passed in 1965, restricts the Texas Water Devel- <br />opment Board from developing any plan for a transbasin diversion "if <br />the water supply involved in such a plan or project will be required to <br />supply the reasonably foreseeable future water requirements for the <br />next ensuing fifty-year period within the river basin of origin...."2. In <br />effect, this statute creates a reservation of water needed in areas of <br />origin for a fifty-year period as against state-sponsored or -funded <br />water development. 25 <br /> <br />Oklahoma law contains the following provision: <br /> <br />In the granting of water rights for the transportation of water for <br />use outside the stream system wherein water originates, applicants <br />within such stream system shall have a right to all of the water <br />required to adequately supply the beneficial needs of water users <br />therein. The Board shall review the needs within such area of ori- <br />gin every five (5) years.26 <br /> <br />Although the declared policy of the state is "to encourage the use of <br />surplus and excess water to the extent that the use thereof is not re- <br />quired by people residing within the area where such water <br /> <br />22. See Kletzing & Robie, supra note 1, al 43 I n.51, where they describe two assignments ofslale <br />water applications to the Bureau of Reclamation in which specific pori Ions of thac water were reserved <br />for the counties of origin. <br />23. N.M. STAT. ANN. ~ 72-5-29 (1978 & Supp. 1985). There is no reported litigation applying <br />this statute. Its apparent intent was to protect early seUlen. who may have neglected 10 comply With <br />state water law to perfect their rights. See Clark. Waler Rights Problems in (he Upper Rio Grande <br />Watershed and Adjoining Arcas, II NAT. RESOURCES J. 48 (1971). <br />24. 1965 Tex. Gen. Laws 588 (codified as TEx WATER CODE ANN. 9 Ih.052 (Vernon Supp. <br />1985)}. <br />25. Johnson & Knippa. Trollsbasill Diversioll of Wafer. 43 TL:x. L. REV. 1035, 105] (1969): <br />Termed derisively by "Olne as rhe .tiny-year lockup.' rhe~e provisiolls evidently an: intended <br />to assure originaling areas sufficient water tn mt:"et their anticipated needs for a period of <br />fifty years following the planning of a tran..basin project by lhe Water Devdopment Bourd <br />or follOWing (he decision to linance ~uch a projt:d with stale funds. <br />26. OKLA. STAT. ANN. IiI. 82. S 105.12(4-) (West Supp. 1985). <br />