Advertisement

Voice: Who does the water belong to?

May 23, 2002

The following is a direct quote from the Supreme Court of the United States regarding the 160-acre limitation case filed by Ben Yellen. The case was argued March 25, 1980, and decided June 16, 1980.

"The Court of Appeals nevertheless held that article 46 could be applied consistently with article 6 because the perfected rights in Imperial Valley were owned by and would be adjudicated to the district, not to individual landowners, who were merely members of a class for whose benefit the water rights had been acquired and held in trust. Individual farmers, the Court of Appeals said, had no right under the law to a particular proportion of the district's water.

"It may be true, as the Court of Appeals said, that no individual farm in the district has a permanent right to any specific proportion of the water held in trust by the district. But there is no doubt that prior to 1929 the district, in exercising its rights as trustee, delivered water to individual farmer beneficiaries without regard to the amount of land under single ownership."

Advertisement

The millionaire Bass brother's attorneys failed to realize this.

Also, as a note to the Northend landowners that are attempting to acquire the IID's water rights, it will be your dollars buying water that will be used to fight you all of the way to the Supreme Court.

DAVID CASON

El Centro

Imperial Valley Press Online Articles
|
|
|