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<br /> <br />For most of the state's history, the system <br />has functioned to provide the water need- <br />ed for an ever-growing economy and <br />population. <br /> <br />In the past, potential shortages and con~ <br />fliets over the allocation of water could be <br />resolved by the development of new and <br />additional water supplies. <br /> <br />68 CALIFORNIA WATER <br /> <br />from judicially developed doctrines, some derived from the English <br />common law, and some adapted to meet current conditions such as <br />the appropriations of stream flow for mining operations. Even today, <br />groundwater law continues to be largely court-made, based upon <br />decisions in individual cases. <br />There was no state statutory system for the allocation and <br />regulation of water until 1914, and then it applied ouly to stream flow, <br />excluding groundwater. Yet before that time, substantial development <br />of surface waters had already occurred (for example, the construction <br />of the first Don Pedro Dam on the Tuolunme River by the Modesto and <br />Turlock Irrigation Districts and the development of their extensive <br />irrigation systems). Water rights to stream flow acquired before 1914 <br />continue today to be exempt from the state permit system. <br />Today, water allocation and use is further controlled by <br />numerous local agencies and by the laws governing the massive water <br />projects that move water throughout the length and breadth of the <br />state. More recently, both state and federal environmental laws have <br />overridden traditional water "rights" and controlled diversions and <br />use of water. <br />Despite this history, in 1978 the Governor's Commission to <br />Review California Water Rights found that "The existing system per- <br />formed in much better fashion than might have been anticipated dur- <br />ing two of the driest years [1976-19771 in California history."15 The <br />Commission recommended specific improvements to the state's water <br />rights system but rejected proposals for sweeping changes such as <br />adjudicating the amount and priority of all water rights or bringing <br />all existing groundwater pumping under the state permit system. <br />There is no assurance that a system of bureaucratic state control <br />would produce better results. Until the last 15 years or so, the state's <br />water system, hodgepodge though it may be, continued to meet the <br />water demands of an ever-growing economy and population. To be <br />sure, the system has functioned in the past partially because potential <br />shortages and conflicts among users could be resolved by the devel- <br />opment of new and additional water supplies. When pumping was <br />limited by court decree to prevent continued overdraft in a nmnber of <br />Southern California groundwater basins, supplemental water from <br />the Metropolitan Water District of Southern California was available <br />to offset the cutbacks and provide for future growth. Certainly this <br />approach will be more difficult in the future. Indeed, we have recently <br /> <br />15 Governor's Commission to Review California "Vater Rights, 1978, Final <br />Report, page 12. <br />