WSP01690

• File Number: 8215.100
• Description: Other States Water Issues - California
• State: CA
• Basin: Statewide
• Date: 2/2/1954
• Author: Irrigation Districts
• Title: Which Way California
• Water Supply Pro - Doc Type: Publication

.Water Prolect. Authority 0 0 215 f
Agenda and Data for Meeting-December 29,1953 i

APPENDIX
OUTLINE OF REASONS TRIAL COURT
HELD IVANHOE CONTRACT INVALID

I. WATER SERVICE OR 9(e) PORTION OF CONTRACT.

A. Violates federal law because-

1.1t does not contain a construction obligation.

2. It does not provide permanent water rights.

3. It implies that U. S. owns the water.

B. Violates California law because it does not provide
for permanent water rights appurtenant to the larid.

II. ACREAGE LIMITATION IN CONTRACT.

A. Violates federal law because-

I. Act authorizing Central Valley Project does not
provide for acreage limitation.

2. Federal statute requires state law to be followed
and state law does not permit limitation.'

B. Violates California law because-

I. California statutes require irrigation districts to
apportion water in accordance with assessments
paid. ,,'

2. If California statutes permit compliance with
acreage limitation. they unconstitutionally dele-
gate legislative power to Congress. ' ,

C. Violates due process clause of U. S. and California
Constitutions because-

I. It deprives eXCess landowners of right to propor-
tionate share of water filed on in 1937 by Director
of Finance.

2. Excess landowners must pay assessments on, ex.
cess land without getting surface supply of water
for such land.

III. ARTICLE 32 OF CONTRACT (PROVIDING THAT
CONSENT OF SECRnARY OF THE INTERIOR IS
PREREQUISITE TO DISTRICT BOUNDARY
CHANGES) CONSTITUTES UNLAWFUL DELEGA-
TION OF POWER TO SECRnARY OF THE IN-
TERIOR.

t~

IV. FOLLOWING ARTICLES OF CO..ACT ARE
UNAUTHORIZED BY OR VIOLATlVl"OF STATE
LAW.

A. Articles 26 and 28, providing that payment of
assessments or tolls is condition precedent to receipt
of water by water user.

B. Articles 12(b) and 17, providing that consent of
Secretary 'of the Interior is prerequisite to lale of
project water outside district and to ule of water
for nonagricultural purposes.

C. Article 15(c), providing for reservation by U. S.
of right to waste, seepage, and return flow water
derived from water furnished under contract and
discharg'ed beyond district's boundaries.

V. ENTIRE CONTRACT TAINTED BY-

A. Deficiencies in notice of election on the contract.

I. Insufficient stetement of-
(a) Property to be conveyed by district.
lb) Maximum obligetion of district for construc-
tion cost of lliain project 'worb.

2. Fraudulent misrepresentation of district's obliga-
tion for construction cost of distribution system.

B. Failure of contract to recite which provisions of
Federal reclamation lewI apply and which do not.

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