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UQ (..,-, -- to .ction of the "counties of origi~." It is feare.~t 00 21/je.guarante. that would permit i~mediate &ion allocation of water for future use outsIde these areas wIll of more water to areas of need, pendIng development of lead to the deprivati~n of needed water rights in the are.s counties of origin, at. which time they ~~uld dem~nd ~eturn where the water origmates. of some of that whIch had been origInally relmqulShed. Present legislation is as follows: Such a policy or formula would place the ris~ of ma~ing the Under Part 2 of Division 6 of the Water Code, the De. capital investment upon the area calling for the water. partment of Finance is directed to appropriate water for That is, if ~outhern Cali!~rnia needed t.he water t~ !he prospective needs in development of a general water plan. extent that It would be wlllmg to pay for Its approp"atlon (Water Cod. Section 1 0500) Section 1 0505 forbids the and diversion for say 20 or 30 or 40 years, with the legal Department of Finance from releasing or assigning any right of the county of origin to later cut off a portion of appropriator if these would deprive the county of origin what was relinquished, the counties of origin would be fully of water necessary for its future development. protected. This policy of course would involve careful engi- Another separate and distinct provision is found in Divi- neering studies to determine whether or not the use of the sion 6, Part 3, Chapter 3, Article 4 of the Water Code water for the interim period, subject to later loss of such (Section 11460 et seq.). This provision applies only to the supply, would economically justify the cost of building the Water Projects Authority relative only to the Central Val- canals and physical facilities to get the water to the areas ley Project authorized by State law (notthe existing federal ofn~ed. However, it is not too fantastic to contemplate Central Valley Project). The three sections involved read that 10 another quarter century,!erhaps less, a practical as follows: and economically feasible metho of reclaiming sea water Water Code Section 11460: will have been developed. At least, the need is great Uln the construction .and operatIon by_fha.authority of enough to keep working on the plan. any proiect under the provisions of this part a watershed . or area wherein water orlglnat.., or an area immediately ADMINISTRATION PROBLEMS adlacent thereto which can conveniently b. sUl>>plled w!th If a student of government were to analyze the adminis- ~ater ther~fr~m, shall not be. de'!,rlved by the authority tration of water law in the State of California he would directly or indirectly of the prior right to all of the water b bl b' d I . ' reasonably required to _adequately supply the beneficial pro aye ImF?resse at first 5iI anc:e With, (I) the fact need, of the watershed, area, or any of the inhabitant, or that such an all-Important duty IS being performed by a prop.erty owne~s therein." Division of the Department of Public Works, rather than by Water Code SectIon 11461: a Department of cabinet status; and (2) the multifarious . ~'In no o~her way than by p~~chase or otherwise as pro- structure of boards divisions and commissions involved vlded in thiS part shall water rights of a watershed, area, . h d" tr .' f I" I dd' : h or the inhabitants be imp~ired or ~urtailed by the autho~ 10. t. ? a mIniS afron 0 water po ICle~. .n a 1~lon ~o t e ity, but the provisions of this article shall be strictly limited DIVISion of Water Resources under eXisting Callforma law to the acts and proceedings of the authority as such, and there are fourteen State agencies involved in water prob- shall not apply. to any persons or State agencies." lems. They are: . Water Code SectIon 11463: (I) Wo'.rProlectAu'horlty "In the construction an_d operation by the authority of (2) State Water Resources Board any proiect under the_provisions of this part,. no excha.nge . (3) State Water Pollution. Control Board (and nine re- of'the water of any watershed or area for the water of any gional board.) other watershed or area may be made by the authority (4) Department of Health un Ie" the water requirements of the watershed, or area_ (5) Board of Health in which the exchange is made are first and at all times (6) Staf. Soil Conservation Commission met and satisfied to the extent that the requirements (7) Department of Fish and Game would have been met wete the exchange not made, and no (8) Department of Natural Resources right to the use of water shall be gained or lost by reason (9) Department of Finance of such exchange." (lO) Public Utilities Commission Thus, it is crystal clear and should be strongly (11) California District Securities Commission emphasized, that future plans require that the (12) Stat. Reclamation Board counties of origin be protected, both in their cur.. (13) Colorado River Board rent and pros ective needs. (~4) Klamath River Boa~ .. . P Wh,le from the standpomt of organozatlon effiCIency a WHAT IS SOLUTION TO PROTECTION OF more streamlined Department of Water Resources than COUNTIES OF ORIGIN contemplated by already suggested legislation might be Based upon the legal doctrine that all of the water desirable, it is of more importance to maintain the integrity belongs to all of the people of the State. if the engineers of the several separate and independent boards and com- are correct that properly distributed there could be enough missions that. have already been created by action of the water for all the State's needs, consideration might be legislature, because they are already thoroughly con- given to giving the counties of origin a guarantee along veriant with the responsibilities assigned to them. the following lines: By experience and after the expenditure of many hours POLICY OF GUARANTEE TO COUNTIES OF ORIGIN of work by the members, engineers, statisticians, and law- Possibly the solution lies in some type of legislative or yers these boards and agencies have a definite and accu. 14 15