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Show 130 CALIFORNIA California Civil Code of 1872, the legislature provided a formal pro- cedure for acquiring appropriative rights and waived any superiority of the State's own riparian claims. More comprehensive procedures and regulations were adopted in the Water Commission Act of 1913.6 A major confrontation between the riparian and appropriation doctrines occurred in 1926,7 when the State Supreme Court upheld a riparian claim as against that of an appropriator, notwithstanding the wastefulness of the riparian use. This case prompted the con- stitutional amendment of 1928 which required all uses of water in the State to be "reasonable beneficial." 8 Subject to this limitation, riparian and appropriative rights have continued to exist concur- rently. An important factor in California water law has been the role of State water projects in meeting the needs of water-poor Southern California. The State Legislature has given certain State agencies the right to appropriate water for project requirements, and several im- portant projects have been undertaken, beginning with the Central Valley Project in 1938.9 All State and many private and local gov- ernmental project activities must conform with the California Water Plan.10 2. State Organizational Structure tor Water Administration and Control 2.1 Administration of Water Bights a. State Agencies Administering Water Rights (1) History Early State involvement in the water rights area was through spe- cial water commissioners created by the legislature to assist private parties in their disputes over water rights.11 In 1878, the Office of the State Engineer was created.12 Although the State engineer was originally limited to an investigatory and advisory status (essentially in irrigation matters), subsequent statutes substantially expanded his responsibilities. The first major legislative step toward comprehensive adminis- tration of water rights was taken in 1913 by enactment of the Water Commission Act.13 The State water commission, composed of the Governor, the State engineer, and three members appointed by the Governor, was thereby created, with broad powers to investigate issues regarding water rights, water supplies, and water use. The commission was also to administer the newly established statutory procedure for acquiring appropriative rights,14 to ascertain water 6 Stats, 1913, c. 586. "> Herminghaus v. So. Calif. Edison Co., 200 C. 81, 252 P. 607. 8 Cal. Const, art. XIV, see. 3. See discussion of limitation in sec. 3.2, infra, and in Hutchins, The California Law of Water Rights, State of California and U.S. Dept. of Agric, Sacramento, 1956, pp. 12-20, hereinafter cited as "Hutchins." 9 Stats. 1933, c. 1042 ; Cal. Water Code, hereinafter "W.C.," sees. 11100 et seq. 10 Rogers and Nichols, p. 63. 11 See Pico v. Colimas, 32 C. 578 (1867). 13 Stats. 1877-1878, c. 429, p. 634. 13 Stats. 1913, c. 586, approved on referendum Nov. 13, 1914. u See sec. 3.1, infra. |