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WSP03402
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Last modified
1/26/2010 12:50:15 PM
Creation date
10/11/2006 11:42:55 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8066
Description
Water Law
Basin
Statewide
Date
1/28/1978
Author
Dick Kirschten
Title
National Journal - The Quiet Before the Shootout Over "The Water Law of the West"
Water Supply Pro - Doc Type
Report/Study
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<br />;, <br /> <br />(t <br /> <br />These agreements. referred to by the <br />bureau as "recordJblr: ;:ontLlLt5." gl\"t: <br />owners ]0 years (0 di~posc of th-:ir ::.xce~s <br />acreagr:. pro\ll.kd that IheyJ.(lSO\\ith~1111 <br />re.lpinf windfall bt.'ndJIS from the In- <br />creased \Jlur: (If the land attributable tll <br />Irrigation. <br />CrHlC~ of the burr:;J.U S,J,y it has been la.\ <br />in lt~ sUP<';r\ l':'oHm IJ( (::\C('':I5 land ':lJ.ks J.nu <br />in ilS policing of k<lsing schemes that <br />h:l\e perrnilted the Jssembl~ 01 largl' <br />tracts IJf land. sales to ;Ibsent.::e Qwners <br />and lea~es to Jar!:!!:' ftJrm-manJ,\!ement <br />synJic;ltes The C'~tcnt 0f the p;obh:m <br />rem~ins unclear tx''-.;lllS.... since 19:6. the <br />hureau has heen one step removed from <br />the actual determination of who IS M is <br />nUl eligIble to rccei\t: federal Irrigation <br />water. <br />For [he pase 50 ye3rs. masl of the <br />bureau's dealings ha\e been with <br />separatd~ incorpor:lted Irrigation dis- <br />tri(;ts or .....ater user org:.-mi7_atlOns. The <br />bureau deli\ers the water in bulk and it is <br />up [0 {he ltll.:al unics [0 enforce Jcn:age <br />limi!3tions and rcp0rt any probkms or <br />violations. <br />The: reports from the indi\ldual dlS. <br />trlclS do not indicate any maJor prob- <br />lems. As of December /976. only 95./88 <br />acres of land under 761 ownerships \\ere <br />reported 10 be receiving \.\ater for which <br />theIr eligibility could not be eSlablished. <br />This represents less than I per cent of the <br />J r miHion acres thai (he bureau says are <br />capable of being irrigated. Another ~50.- <br />000 acreas of "e:'<.ces5" lands are reponed <br />to be receiving water legilimately. either <br />because they 3re under recordJble con- <br />Iract to be sold .:It 3 later date or else are <br />covered b) special exceptions. In addi- <br />tlOn. 800.000 '\:xces"" acres withIn irrig:.l.- <br />tlOn districts reportedly are not receIving <br />iederal water. <br />Eli'en in the controversial WestJands <br />District of California's Central Valley <br />Project. where individual farm opera- <br />tions average 2,889 acres in size. much of <br />the "excess" land is at leas I technically <br />eligible for ",ata because it is under <br />recordable contract to be sold. The <br />problems in WeSllands deal with how the <br />bnd sales h:::l.\"e.been carried out and how <br />160-acre parcels ha\e been regrouped <br />shortly after being sold. (For mort! on <br />Wesrlands. see box. rhis page.) <br />California's Imperial Valley was <br />rocked by a recent court decision thai <br />holds that it is subiect to the 160-acre <br />limitation. after all. Thai deC'ision is now <br />under appeal. (See box, p. /52. for a <br />report on pending courr cases.) If the <br />irrigators lose, roughly half of the <br />5~O.000-:lcre district will exceed the <br />limitalion. <br />Nonetheless, the Bureau of Reclama- <br />tion still sticks to its contention that its <br />projects "provide homes and livelihoods <br /> <br />t <br /> <br />Watching Over the Westlands <br /> <br />There are some \.\:1tef proj~cts th.][ mah e\en Congress nervous. <br />One ~u(h endca\ or is the San Luis Unit of the Bureau of Reclam::nion's grand <br />5cheme fur helpin~ Cailfornia irrigate its long CenlfJI Valley. formed by the <br />Sacramento and San Jl1~H-luin Ri\ers. In..:iuJed in ~he S;.tn LUls Linn is the <br />5S0.000-acre \\'e~tbnJs Distnct-the nation's largest Irrigation district. <br />Originally Juthori,cd in 1960. the project has created headaches prop0rtion- <br />ate to its sileo II has heen criticized for subslamial cost 0\erruns. lImHed repay- <br />ment and exacerbation l1f do\\'nstre.lm v.;ller problems. pOints that the Inferior <br />Depan.menl now concedes. <br />Additionally. the Westlands DI:-tricl has come under attack f()r Its failure to <br />bre:Jk up large corpora Ie land hoJdln,g:o ..nJ 6rahli~h reSident f:lTT:ily t"armo::rs 35 <br />required by the natlon's 75-~ear~old reclamaliCln law <br />Rather than pick up the tab for the rapidly rising costs ufthc: project. C(lngn:s~ <br />la:ot \Iay pa~sC'd a 1;1\\ cJlling: for a ta~k force to Ime~ligate 10 separate areas of <br />contro\ersy that have enveloped the West lands unden<lkmg. The bill also <br />authorIZed an additlOnal 531 million I('I keep lhe project going. <br />President Carter signed the bill last June 15. and on the same d..y, Interior <br />Secretary Cecil D. Andrus held J press conference 10 Sacramento. Calif.. t'J an- <br />nounce the formatIon of the task. force. The stud\' unit. headed bv assistant In- <br />terior secretary Gu~ R. Martin, reported back 10 Congress at the fi~st of the ye..r. <br />Andrus de~cnbed the lengthy repor! as ".wbering" and said it \.\ill be- used by <br />the department "to impro\'e its managemenl of existing: and future reclamation <br />projecls and to serve as a baSIS for. . . in making: needed C'hangt's in the San Luis <br />UnIt authoflzing act and in reclamation law in general." <br />The 12-membtT task force--with lhree members submitting dissenting <br />,,'ie\\.~-crjcicizt'd ;he Bure.1u of Re-cl<.imation's lack of openness3}-lOlJI CDsl o\.er- <br />runs and ch;.tnges in project features. It strongly urged thaI congressional re- <br />aUlhorization be required for all SIgnificant changes. as opposed to simply in- <br />creasing appropriations levels. <br />The study group said that the federal rec:lam~Hion agency should give water <br />4uality conslder:ltions equal priorilY wilh .Jgricultural commitments .Jnd that ir <br />should entC'r Into ag.reements with state authorities on environmentalslandards <br />bdore additional project features are approved. <br />The task force supponed the concept of an acreage limitation-although not <br />nece~sarily 160 acres per owner-and stressed that residency requirements <br />should be ~nf(Jrc~d 10 foster [he go.;.! I offamily' f.1rming in reclamation projects. <br />Compktion of the San Luis Unit-subject 10 congressional reauthoriza- <br />tIOn-Was recllmml'nded by the study gfllllp. but it urged no further feder:J1 in- <br />vestment in facilities for recovering ground ""ater until an enforcc:1ble lL'cal <br />'iyslem for ground water managemenl is in place. <br /> <br />for about 146.000 farm families." While <br />only about 95.000 of those units are said <br />to be "full-time" farms. nevertheless. <br />based on the bureau's report that its water <br />deliveries irrigate 9.5 million acres. the <br />average hind holding in federal projects <br />comes out to only 100 acres_ <br />That does not explain the anxiety <br />aroused by the Caner Administration;s <br />regulawry proposals. Under the Ad- <br />ministration's plan, a husband and wife <br />would be eligible to receive water for 640 <br />acres-a square mile of farmland- <br />provided that no more than 320 acres are <br />o",ned and no more than 320 leased. With <br />two children exercising owning and leas- <br />ing pri\ ileges. the same family's limit <br />would rise to 1,280 acres. Beyond that. <br />the Administration from the outset has <br />indicated it would be recepti.....e [Q con- <br />gressional action setting a larger acreage <br />limit if Congress deems that it's ap- <br />propri..te. <br /> <br />RESIDENCY <br /> <br />R. Keith Higginson, brought by An. <br />drus from Idaho to serve as com- <br />mis:sioner of the Bureau of Rc:c1am..tjon. <br />is "the man in \he midd\e" at Interlor. He <br />is there to c..rry out the policies of the <br />Secret..ry and the President while at the <br />same time \.\innmg the confidence and <br />cooperarion of a pOlentially hostile <br />bureaucracy. <br />In an interview. Higginson shed some <br />light on the adverse reaction-the <br />bureau's m:til IS said to be running three <br />!O one against the Adminisrrarion-lO <br />the proposed irrigation regulations. <br />While conceding thaI abuses have oc- <br />curred in Westbnds and lhat prospecti\'e <br />small farmers have been denied a chance <br />to procure exce!lS )ands at the low prices <br />intended by the 1902 act, Higginson feels <br />that, on the whole. the acreage limitation <br />dot:s not represent a severe problem. <br /> <br />NATIO:o..'Al.. JOUR:"fAl.. 1/2B/78 151 <br />
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