1949 (#3727-3888) - Laserfiche WebLink

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ITS FI~I~'~DLT GESTURE INT0 A LOSS OF ITS RIGHTS, AND BECAUSE, UNDER EXPHESS PROVISION OF THE LAW OF CALIFORNIA, WATER RIGHTS OF CITIES ARE NOT SUBJECT TO LOSS BT ADVERSE POSSESSION. THE CITY OFFICIALS HAVE THE SINOER~ST I~TEREST IN T~ WELFARE OF THE SURROUNDING TERRITORY, BUT THEY WERE ELECTED AND APPOINTED FOR THE J~u~POSE OF ADMINISTERING THE AFFAIRS OF 0ITT AND PROTEOTING AND 00NSERVING ITS RIGHTS AND THEY WOULD REMISS IN THEIR SWORN DUTY IF THEY DID NOT TAKE NOTE OF THE RUMORS THAT OTHERS MAY ENTERTAIN SEORET THOUGHTS OF CLAIMING RIGHTS IN THESE WATERS ADVERSE TO THE CITY, THOUGH THE ENTER- TAINING OF SUOH SECRET THOUGHTS FALLS FAR SHORT OF THE OPEN, NOTORIOUS AND ADVERSE CLAIMS OF RIGHT WHIOH WOULD BE ESSENTIAL TO THE ACQUIRING OF A RIGHT BY Auv~RSE POSSESSION OR PRESCRIPT- ION EVEN IF THE C1T~S RIGHTS WERE SUBJECT TO POSSIBLE LOSS IN THAT MANNER. THE 'OONTINUED OWNERSHIP AND USE OF THE CITY'S RIGHTS IN THE UNDERGROUND WATERS IS ESSENTIAL TO THE WELFARE OF THE IN- HABITANTS OF THE CITY. TM~ CITY'S ULTIMATE ENTITLFU~T TO COLORADO RIFE~ WATER DELIVERED BT THE METROPOLITAN WATER DIST- RIOT OF SOUTfl~RN CALIFORNIA IS ESTimATED TO BE 20 SECOND FEET OF CONTINUOUS FLOW. ~¥~N NOW A WATER SUPPLY OF APPROXIMATELY 30 SECOND FEET IS AT TD~.$ NEEDED F(~ THE USE OF THE OITT AND ITS INHABITANTS: AN EXCESS OF APPROI~ATELY 10 SEOOND FEET 0¥~ SUCH ULTIHATE ENTITV.~w~WT. T~WORARILY AN EXCESS OVER 20 SECOND FEET OF WA'£~ 0AN BE OBTAINED FROM SAID MET~0POLITAN WATE~ DISTRIOT, SOLELY BECAUSE 0TH~ CITIES AND DI~THIOTS WITHIN SAID METROPOLITAN WATER DISTRICT ARE NOT I~ET USING THEIR ENTITT.~n~NTS. IN PLA~JNING FOR TEE FUTURE IT MUST HE ASSUMED THAT SUCH OTHE~ CITIES AND DISTRICTS WILL ULTIMATELY USE THEIR FULL ENTITLEM~ITS AND THAT SANTA AHA WILL NOT HE ABLE TO OBTAIN MORE THAN ITS ENTITLEMENT OF APPROIT~TELT 20 SECOND FEET OF FLOW OF COLORA~0 R~¥~ WATER. IN VIEW OF THE E~TK~ELY RAPID GROWTH OF POPULATION WITHIN THE AREA OF THE METROPOLITAN WATER DISTRICT