Laserfiche WebLink
<br />DRAFT <br /> <br />While this approach accords apparent priority to the area of <br /> <br />origin it makes little sense to permit exports that can be cut <br /> <br />off in the future. <br /> <br />Large water projects require more certainty <br /> <br />to assure financing. <br /> <br />Moreover, areas dependent on the imported <br /> <br />water are likely to resist giving up this water. <br /> <br />Such an <br /> <br />approach tends to generate unnecessary uncertainty and potential <br /> <br />conflict. <br /> <br />2. <br /> <br />Reservation. <br /> <br />A second allocation approach involves <br /> <br />reserving some share of the water for use only in that area or, <br /> <br />conversely, allowing exportation only of so-called surplus <br /> <br />water. <br /> <br />The most formal method of reservation involves specific <br /> <br />apportionment of waters. <br /> <br />A New Mexico statute recognizes a <br /> <br />"natural right" to a "reasonable share" of the water originating <br /> <br />in the upper reaches of stream systems for the residents of those <br /> <br />areas.23 <br /> <br />California has used its authority to condition assign- <br /> <br />ment of state-held water rights under Water Code section 10505 to <br /> <br />specifically reserve a portion of the water for the county of <br />origin.24 <br /> <br />A Texas statute passed in 1965 restricts the Texas Water <br /> <br />Development Board from developing any plan for a transbasin <br /> <br />23N.M. Stat. Ann. l!i72-5-29 (1978). There is no reported <br />litigation applying this statute. Its apparer,t intent was to <br />protect early settlers who may have neglected to comply with <br />state water law to perfect their rights. See, E. Clark, Water <br />Rights Problems in the Upper Rio Grande Watershed and Adjoining <br />Areas, 11 Natural Res. J. 48 (197ll. <br /> <br />24See Robie & Kletzing, supra note 1, at 431 and note 57 <br />where they describe two assignments of state water applications <br />to the Bureau of Reclamation in which specific portions of that <br />water were reserved for the counties of origin. <br /> <br />11 <br />