Laserfiche WebLink
<br />existing exporters.23 <br /> <br />Giving an area of origin the authority to override existing <br /> <br />w~ter rights of exporters inserts an unnecessary element nf <br /> <br />instability in the system. <br /> <br />The conditions under which such <br /> <br />priorities could be claimed are unclear. <br /> <br />Large water projects <br /> <br />require reasonable certainty regarding such things as project <br /> <br />life to assure financing. <br /> <br />Moreover, when areas become dependent <br /> <br />on the imported water, they are likely to resist giving up this <br /> <br />water. Such an approach tends to generate unnecessary uncertain- <br /> <br />ty and potential conflict. <br /> <br />2. <br /> <br />Reservation. <br /> <br />A second allocation approach involves <br /> <br />reserv i ng some sha re of. the wa ter for use only in tha t 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 />assignment of waters to an area of origin. <br /> <br />For example, <br /> <br />California has used its authority to condition assignment of <br /> <br />state-held water rights under Water Code section 10505 to <br /> <br />specifically reserve a portion of the water for the county of <br /> <br /> <br />origin.24 A New Mexico statute recognizes a "natural right" to a <br /> <br />23See, e.g., 25 Op. Cal. Att'y Gen. 8, 21 (1955): "As the <br />need of---Such an inhabitant develops he must comply with the <br />general water law of the state... to apply for and perfect a <br />water right for water which he then needs and can put to bene- <br />ficial use. ... Specifically, this means that if, prior to the <br />development of the applicant's increased needs, the authority had <br />been exporting from the watershed in question water required to <br />supply the applicant's increased needs, such use by the authority <br />would not justify denial of the application." <br /> <br />24See Robie & Kletzing, supra note 1, at 431 and note 57 <br />where they deRcribe two assignments of state water applications <br />to the Bureau of Reclamation in which specific portions of that <br /> <br />11 <br />