1949 (#3727-3888) - Laserfiche WebLink

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THE UNDERGROUND WATERS OF SAID BASIN ALL ITS WATER RE~UIREHENTS. IT HAS CONTINUOUSLY TA~'~.N FROM SAID U-~DERGROUND BASIN A PORTION, AND AT TIMES THE ~HOLE, OF SUCH REQUIP, EMENTS, AND HAS OPENLY, NOTORIOUSLY AND ADVERSELY TO A~.w PERSONS, MAINTAINED ITS RIGHT TO TAE~ ALL OF ITS WATER FROM SAID BASIN. THIS PROGRAM OF CURT~TV.~mm~T OF THE USE OF WATER FROM THE UNDERGROUND BASIN WAS ADOPTED, AND THE RESULTANT INCREASED COST INOURRED, IN ORDER TO CONSERVE THE UNDERGROUND WATERS FOR THE FUTURE USES OF THE CITY THROUGH MAINTAINING THE WATER L~vsL IN ~ CITY'S AND TO AID OTHER WATER USERS EXCLUSIVELY DEPENDENT UPON SUCH UNDERGROUND WATERS AS ~IR SOURCE OF SUPPLY, AND WAS INTEII~)~D NOT ONLY TO PROTEOT THE CITY'S ESTABLISHED RIGHT IN THE UNDER- GRODND WATERS IN SAID BASIN BUT ALSO TO SE AN ACT OF GOOD WILL TOWARD SUCH OTHER USERS, AND IN THE LNTEREST OF THE WELFARE OF TRE A~EA OF WHICH SANTA ANA IS THE OENTER. THE CITY OF SANTA ANA, NOTWITHSTANDING THE GREATLY ADDED COST TO ITS INHABITANTS, WOULD GLADLY CONTINUE THIS PROO~AU OF OURTAILMENT AND CONSERVATION IF IT COULD DO SO WITH- OUT DANGER OF ITS RIGHTS BEING ADVERSELY At~FECTED. NOW, HOWEVER, WHILE NO RIGHTS OR CLAIMS ADVE~L~E TO THE CITY'S RIGHTS IN THESE WATERS HAVE BEEN OPENLY ASSE~TED OR E]~PRESSED, OFFICIALS OF THE CITY HAVE RECENTLY BEEN PRIVATELY INFORMED OF RUMORS THAT SOME OF THOSE WHO HAVE BEEN BENEFI- CIARIES OF ITS GENEROSITY MAT, AT SOME rUTORE TIME, ASSERT OR CLAIM THAT THE CITY HAS LOST A PORTION OF ITS RIGHTS IN SAID UNDERGROU-ND WATERS, ON THE THEORY THAT THOSE MAKING THIS CLAIM WILL HAVE ACQUIRED THE RIGHT TO TA~. AND USE SUCH WATER BY ADVERSE POSSESSION OR PRESCRIPTION. IT IS DA~rIOULT FOR T~ OFFICIALS OF ~ CITY TO BELIEVE THAT SUCH RUMORS ARE WELL FOUNDED, BECAUSE THEY ARE LOATH TO FEEL THAT THOSE WHO HAVE MADE USE OF THE WATER PERMISSIVELY THROUGH TH~ VOLUNTARY ACT OF THE CITY SHOULD ATTEMPT TO CONTORT -3-