OCR Text |
Show 310 even though, as of that date, the rights were not acquired under state law and all the water reserved had not been put to beneficial use. I have concluded that they are_sp protected. Although not acquired in conformity with state law, these rights are protected by Section 6, since their creation and existence are valid independent of state law. Moreover, they receive this protection although none or only part of the reserved water had been put to use as of June 25, 1929. The fundamental jiature of a reserved water right is that it is fully vested at the time of its creajtjojttj_,noAing^further need_be done to perfect it. It differs radically from appropriative rights under state law, which may be initiated by a filing but which must be perfected by actual diversion and beneficial use of water within a reasonable time after the filing. Thus a reserved water right created before June 25, 1929, is, by its very nature, "perfected" as of that date. Furthermore, failure to include reserved water rights within the protection of Section 6 could have the effect of divesting them. For example, I have concluded that the United States reserved the right to divert annually a maximum of 11,340 acre-feet of mainstream water for the Chemehuevi Indian Reservation, with a priority of February 2, 1907. The Reservation was not consuming all of this water in 1929. If the right is not considered a present perfected right under Section 6, then present perfected rights acquired under California law would have seniority, even though initiated after 1907. Thus, in certain times of shortage, water would be supplied in satisfaction of the California rights and the Reservation would not receive the full amount of its reserved water, despite its needs. To hold that Congress did not include reserved water within the protection of Section 6 would require a holding |
Source |
Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |