WSPC07410

• File Number: 8064
• Description: Indian Water Rights
• State: CA
• Date: 8/13/1951
• Author: Unknown
• Title: Santa Margarita Water Rights Controversy-California
• Water Supply Pro - Doc Type: Report/Study

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00 O@{!4uRGARITA WATER RIGHTS CONTROVERSY, CALIFORNIA 11

3. Wa.ter losses from DeLuz Reservoir, inclLJding but not limited to evaporatioll
losses, shall be chare;ed a.gainst water in storage to the credit of the Naval Reser-
va.tions, Fallbrook Public Utility District, or both, and against that water which
would be in DeLuz Reservoir if no credits to either party existed io. the ratio
that each segment of the reservoir content bears to the total content.
4. All claims of the Fallbrook Public Utility District in and to ri~hts to the
use of waters from the Santa Margarita. River will be traosferred to the reservoir
created by the proposed dam, and after it is in opera.tion, be forever satisfied
from the qua.ntities of water accorded to tha.t District pursuant to this Memo-
randum of Understanding.
5. It is understood a.nd agreed that the top 23,000 &cre.feet of DeLuz Reservoir
shall be used exclusively for the control of floods of the Santa Margarita. River,
under rules prescribed by the Secretary of the Army through the Chief of En.
gioeers.
6. In case the Secretary of the Interior shall, a.8 provided in the proposed bill,
transfer to the contracting body or bodies the operation of the works provided
for in section 2 of the proposed bill, the Secretary of the Navy 'will make available
to Buch body or bodies free and unrestricted access to those works as may be
necessary for the proper operation of the works and facilities, subject only to the
requirements of the national defense.
7. It is understood that nothing contained in this memorandum of under-
standing is intended to affect the right, title, and interest of the United States of
America to the right to the use of water from the Santa Margarita River, as
provided for in the judgment entered in the case entitled: "Rancho Santa ^!ar-
garita, a corporation, v. N. R. Vail et ai., No. 42850, in the Superior Court of the
State of CaIHornia, in the County of San Diego."
8. It is understood that the Department of the Navy will initiate a request of
the Department of Justice that appropriate action be taken by the United States
to protect the rights to the use of water as proposed in this memorandum of
understanding whenever and wherever the same may be attacked.
9. It is understood that the Secretary of the Navy and the Secretary of the
Interior will request the Attorney General of the United States to advise them of
the best means to safeguard and protect the use of water by the United States as
herein proposed and against any encroachment thereof.
10. It is understood that the provisions of this memorandum of understanding
are subject to approval by the Department of the Navy, Fallbrook Public Utility
District, D~partm:mt of the InterIOr, and the Department of the Army, and that
it shall not be effective unless approved by all of th~ p3.rti::!3.

Department of the Navy.

Fallbrook Public Utility Dislrict.

-----------~----------------_._-- -------~~---------~-------------

Department of the Army.

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Department of the Interior.

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