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.-.~.;:......~7:_~._.""rR''7W."T''__ __ --"-'-A"'-'W; "~---~___-"""M.~.--.r-:- ..__ .....,...___."7"__.....'.. HOW IS WATER ALLOCATED IN CALIFORNIA? . It may surpri..o;e you to find oul that your drinking water come5 from a source far a.....ay. instead of from the river flo.....ing through your community. Waler supplies do not always come from the most obvious sources, because water rights in many rivers and streams were e5tablished long ago. What is at the other end of your tap depends largely on the foresight and planning of the early settlers and lead- ers who founded your communily. and on historic land uses. Some cities. such as Sacramento, claimed early .....ater rights to support gro.....th far into the future. These established .....ater rights and other arrangements assure the city of Sacramento of adequate water for most of its needs today, But many communities with seemingly plentiful surface water did not establish rights to nearby sources. Now there may nOI be enough unallocated water for their needs. As a result, they may purchase .....ater from other suppliers_ such as the state or federal waler projects or larger ealer districts, rather than using local urces. The right to u.o;e water in California is based on very earl)' principles of law, much like property rights. and once a water right is established, it is ver)' difficult 10 change. Water rights law in California was first based on Spanish/Mexican rule, and later also on English common law, both of which included the doctrine of ripar. <<In rights. Riparian lands (those next to bodies of water) were entitled to use that water, though the rights could nOI be transferred apart from the land. Riparian rights still hne priorily over mosl mhcr water rights. After 1870. appropriative rights were established for lands thai were not adjacent to water, first by merely taking and using the water, and later by posting a notice al the point of diversion and filing a copy with the county recorder. The principle go\'ern- ing these rights was based on Ihe earli- est claim to the water: "first in time, fint in right:- In 191~, the state assumed administration of further .pprOPriations of water and established permit system, .....hich is now under the jurisdiction of the State Water Resources Control Board. The general rule of priority for surface water is first priority for riparians and lower priori. ties for appropriators m..ed on the "first in time, firM 10 right." The use of groundwater is generally nOl regulated, excepl in basins where disputes ha\'e occurred and there has been a court adjudication resulting in dlfected managemenl of the ground- .....ater. All uses of waler, whether riparian. appropriative or groundwater. are subject to the state constitutional provision against waste or unreason. able use. Public Trust Values While it is a fairly recent concept in Western resources management. the public trust doctrine is rooted in Roman law and holds that certain resources belong to all and Ihus are held in tru.'it by the stale for fUlure generations. In 1983. a landmark Cali- fornia Supreme Coun decision held Ihal the public ITUSI doctrine protected not only the traditional uses of naviga- tion, commerce and flShing, but also "changin~ public needs of e~ological preservation, open space maintenance and scenic and wildlife preservation," ~-IQ:AA;.a-'UU"PfCJJU.:n. 1T..':>-<<..'7'A=...~"lJ~ E"oo.-s:.:!w...~v:r, ~n~ lL'd'fQ3 u.w-X_u..~M\II'.~"t.~~~...~ ".~~~~AA..:utlS':f.c'"S.....-:!O,,~ ~...->A.'llIIGOCOOlo....\':I~I<.")OJ.~ HOW CALIFORNIA'S MAJOR URBAN AREAS GET THEIR WATER It held, too, that long-standing water rights could be subjected 10 reconsid- eration and could possibly be cur. tailed. By its action, some believe the court dramatically reslated, and per- haps restructured. California water law. The decision essentially charged the State Water Resources Control Board (see sidebar: Institutions) with the obligation 10 aCI as guardian or trustee for the beneficial uses dependent upon the public's water resources, balancing a water diversion's potential value to wciety against its impact on the resources held in trust. The State Board is currentlv in the midst of a three- or four-)'ear"hearing looking at the uses to which the waters of the Sacramenlo-San Joaquin Delta and San Francisco Bay are put. After gathering volumes of data, it is the State Board's charge to render a bal- anced and objective decision on the protection of water qualilY and benefi- cial uses which affecl the Bay-De]ta region. The decision may include mod- ifying existing water rights. Since nearly ~O percent of the state's drink- ing water comes from the Delta, Ihe decision could affect water users frorr. Redding to San Diego if it is deter. mined that more water is necessary to protect the public (rust values of the Della and Bay. L-r' .p.....:. """'.........w~:..'. ..-...::.!'!:;!- "'I';r.,~~::.=.: ...............-;'OL ... _..... -- ;... -~J