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Attempts of Prior Appropriators to sell Usufructuary Water Rights; El Centro Waterwasters to San Diego Waterwasters

Attempts of Prior Appropriators to sell Usufructuary Water Rights; El Centro Waterwasters to San Diego Waterwasters

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Published by Peter Amschel
Not Posted; prior appropriations, water rights, riparian rights, first in time, change of beneficial use, non-beneficial use
Not Posted; prior appropriations, water rights, riparian rights, first in time, change of beneficial use, non-beneficial use

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Published by: Peter Amschel on Oct 28, 2010
Copyright:Attribution Non-commercial


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Discussion : FORUM: Water and the 'use less, paymore' paradox
Wednesday, October 27 2010, 4:12 AMLong-term ag-to-urban water transfers? What California Water Code Section purports to legalize any short orlong-term ag-to-urban water transfers? long-term ag-to-urban water transfers or even temporary ag-to-urbanwater transfers are not lawful under either Prior Appropriations water laws or Riparian Rights water laws andthe user attempting such sale or transfer thereby jeopardizes his or her prior water right.The decisive fact that a court looks for under prior appropriations water laws now in effect is simply "whichappropriator started applying the water first in time to a beneficial use?" A farmer or municipality who hasrecords on file with the State Department of Water Resources showing that he or she was the first in time of allthe users to start applying Colorado River to a beneficial use has a valuable right to keep doing so, but anattempt by the user to make a substantial change in such use is likely to jeopardize his or her place in time. Theformer user attempting such a change is likely to be deemed to have thereby a new place in time which is juniorto all the others. This loss can occur without any damages or other compensation payable because water use isnot considered real property use but is instead usufructuary in nature and the policy of the law is to let it go tothe ones who first used it.Fellow water lawyers such as myself are planning, by the way, to commence declaratory relief actions seekingstate and federal court declarations that prior appropriations laws themselves are obsolete and not in the publicinterest because 1. The goal of the law to bring public entities, farms and people to the west has beenaccomplished and 2. the ruination being caused to God's rivers by these laws mandates abrogation of the judicially formulated law of prior appropriation and a return to riparian rights.Try not to worry, though. Think about God. Be cheerful. In the holy Koran, at verses 11 - 16 of the 72nd book,"The Angels", some angels are shown to be communicating amongst themselves, and they are saying: "Thereare among us some that are righteous, and some to the contrary, but those who believe in God shall have nofear. The reward for the believer's good deeds will not be diminished nor will there be any increase in thepunishment for the believer's sins. Those of us who have submitted to the sovereignty of God have sought theright path and we always try to demonstrate our fear of God and love of God and love of our neighbor so as toqualify to be rewarded with entry into the renewed Eden Paradise Gardens of Eternity, under which rivers flow,to have all we wish. But the disbelievers have deviated from the right path so that the disbelievers shall insteadbecome firewood contributing to the fire of their own destruction. IF THE NON-BELIEVERS HADBELIEVED IN GOD AND IF THEY HAD TRAVELED ON THE RIGHT PATH OF SUBMISSION TOTHE SOVEREIGNTY OF GOD WE SURELY WOULD HAVE BESTOWED ON THEM WATER ANDRAIN IN ABUNDANCE." (emphasis added)Similarly, in the Bible book of Leviticus, Chapter 26, verses 3 through 13 the 12 families of the 12 sons ofJacob, aka Israel, were told that if they would worship God himself alone and if they would be submissive andobedient to God that they would receive blessings which would include dwelling in security in their land andhaving their enemies fall before them and becoming fruitful and multiplying and eating their bread tosatisfaction. God told them furthermore that if obedient and submissive to him that "I SHALL ALSOCERTAINLY GIVE YOU SHOWERS OF RAIN JUST AT THE TIME THE RAIN IS NEEDED."(emphasis added)How would it be to have the rain arrive just at the time the rain is needed? This promise is just like in theoriginal Eden Paradise Garden where the scripture at Genesis 2:6 tells us: "A mist would go up from the earthand the mist watered as necessary the entire surface of the ground." There will be no need for river diversionsor groundwater pumping or even water pipes, We need only to simply endeavor to try to be submissive to Godby doing good deeds for others, and by avoiding the few acts God has prohibited and by maintaining strongfaith in his munificence!
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