Discussion : FORUM: Water and the 'use less, pay

more' paradox
Wednesday, October 27 2010, 4:12 AM

Long-term ag-to-urban water transfers? What California Water Code Section purports to legalize any short or
long-term ag-to-urban water transfers? long-term ag-to-urban water transfers or even temporary ag-to-urban
water transfers are not lawful under either Prior Appropriations water laws or Riparian Rights water laws and
the 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 "which
appropriator started applying the water first in time to a beneficial use?" A farmer or municipality who has
records on file with the State Department of Water Resources showing that he or she was the first in time of all
the users to start applying Colorado River to a beneficial use has a valuable right to keep doing so, but an
attempt by the user to make a substantial change in such use is likely to jeopardize his or her place in time. The
former user attempting such a change is likely to be deemed to have thereby a new place in time which is junior
to all the others. This loss can occur without any damages or other compensation payable because water use is
not considered real property use but is instead usufructuary in nature and the policy of the law is to let it go to
the ones who first used it.
Fellow water lawyers such as myself are planning, by the way, to commence declaratory relief actions seeking
state and federal court declarations that prior appropriations laws themselves are obsolete and not in the public
interest because 1. The goal of the law to bring public entities, farms and people to the west has been
accomplished 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: "There
are among us some that are righteous, and some to the contrary, but those who believe in God shall have no
fear. The reward for the believer's good deeds will not be diminished nor will there be any increase in the
punishment for the believer's sins. Those of us who have submitted to the sovereignty of God have sought the
right path and we always try to demonstrate our fear of God and love of God and love of our neighbor so as to
qualify 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 instead
become firewood contributing to the fire of their own destruction. IF THE NON-BELIEVERS HAD
BELIEVED IN GOD AND IF THEY HAD TRAVELED ON THE RIGHT PATH OF SUBMISSION TO
THE SOVEREIGNTY OF GOD WE SURELY WOULD HAVE BESTOWED ON THEM WATER AND
RAIN IN ABUNDANCE." (emphasis added)

Similarly, in the Bible book of Leviticus, Chapter 26, verses 3 through 13 the 12 families of the 12 sons of
Jacob, aka Israel, were told that if they would worship God himself alone and if they would be submissive and
obedient to God that they would receive blessings which would include dwelling in security in their land and
having their enemies fall before them and becoming fruitful and multiplying and eating their bread to
satisfaction. God told them furthermore that if obedient and submissive to him that "I SHALL ALSO
CERTAINLY 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 the
original Eden Paradise Garden where the scripture at Genesis 2:6 tells us: "A mist would go up from the earth
and the mist watered as necessary the entire surface of the ground." There will be no need for river diversions
or groundwater pumping or even water pipes, We need only to simply endeavor to try to be submissive to God
by doing good deeds for others, and by avoiding the few acts God has prohibited and by maintaining strong
faith in his munificence!

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