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<br />.~ <br /> <br />remained rare outside of the confines of an irrigation district or project area."" <br />Therefore, little market information as to relative marginal valuations or demand <br />elasticities was available to potential participants in a statewide water market. In <br />addition, California continued to have a reputation as a state in which the administrative <br />requirements of the water transfer process were cumbersome and fraught with <br />uncertainties.1O\ Although the review process for temporary transfers had been <br />streamlined in 1988,'" it was still lengthy relative to the time-frame of a single-year <br />transfer. Thus; potential delays, uncertainties about transferable quantities and lack of <br />market information useful to private parties attempting to negotiate the price and other <br />terms of a transfer agreement constituted significant barriers to the use of privately <br />arranged transfers to mitigate the impacts of the drought. I" In addition, riparian water <br />rights were generally held to be non-transferable, and transfers from within an irrigation <br />district to an outside party usually required that the water be declared surplus to the <br />needs of the district. These facts further inlnbited the spontaneous development of a <br />private water-rental market. <br /> <br />""Gray, Brian E., 1990. "Water Transfen in California: 1981-1989,. in MacDonnell, Lawrence J. (principal <br />Investigator), The Water Transfer Process as a Management Option for Meeting Changing Warer Demands, <br />Volume II, USGS Grant Award No. 14-08-0001-GI538. Boulder: Natural Resources Law Center, Univenity <br />of Colorado. <br /> <br />IOIThe California State Water Resources Control Board (SWRCB) has jurisdiction over transfen of water <br />rights established after 1914 under the state's permit system. Earlier rights may be transferred without state <br />review, although inadequate records may inhibit such transfen. National Research Council, 1992. Water <br />Transfers in the West: Efficiency, Equily and the Environment, Washington, D. c.: National Academy Press. <br />While the same non-injwy standards apply for UlIDSfers of early rights as for those subject to SWRCB <br />approval, aggrieved parties must seek remedy in the civil courts. Transfen of water within large irrigation <br />projects such as the federal Central Valley Project (C\1') are also outside of the jurisdiction of the SWRCB. <br />Gray, Brian E., 1990. "Water Transfen in California: 1981-1989: in MacDonnell, Lawrence 1. (principal <br />Investigator), The Warer Transfer l'rocus as a Managemmt Option for Meeting Changing Warer Demands, <br />Volume II, USGS Grant Award No. 14-08-0001-G1538. Boulder: Natural Resources Law Center, Univenity <br />of Colorado. <br /> <br />~ornia Water Code U 1725-1732 (West Supp. 1990). <br /> <br />""Macaulay, S., 1993. "Successes and Problems with Water Transfer and Marketing Programs; speech <br />presented lune 7, 1993 at meeting of Southern California Water Committee's Task Force on Water Transfen <br />and Marketing. <br /> <br />2-24 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />