Water: Let’s Get Serious

In California the supreme law of water is Article X, Section 2 of the state Constitution, which reads in part: “ . . . The general welfare requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable . . . .” That is the legal version of the immutable old Western water edict, “Use it or lose it.”

Further, the Legislature and courts over the years have given the state Water Resources Control Board considerable latitude in interpreting and enforcing the Constitution and various enabling statutes. Thus it was something of a shock in June, 1984, when a San Diego County Superior Court judge sided with the Imperial Irrigation District when IID challenged the board’s authority to impose conservation measures on the district.

The ruling gave the district some legal and psychological clout in its negotiations with the Metropolitan Water District of Southern California to allow MWD to use the water that the state water board said the Imperial district had to save. In return, MWD would have given Imperial the equivalent of $100 an acre-foot of water for the installation of the necessary conservation facilities. The savings ultimately could amount to as much as 400,000 acre-feet a year. The Imperial-MWD talks eventually broke down, and since then, apparently sensing the chance to make some additional money, Imperial has upped the ante considerably.

But now Imperial has lost that legal leverage. The 4th District Court of Appeal in San Diego has overruled the lower court in a decision that virtually wonders aloud: “How in the world could the Superior Court have ruled this way?” The appeal court justices could not find a single legal reference that interpreted state law in a fashion that even faintly resembled Imperial’s argument. The decision properly upheld the considerable authority that the state Water Resources Control Board does have--and should have--to stop anyone who is wasting water in California, be he farmer or urban user.

The water board has, in fact, shown considerable patience with Imperial as it seeks a way to trade off its unused or wasted water to its best advantage. Now that there is no further legal excuse for delay, the state board should start putting the pressure on Imperial for some action.