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29
Chapter 6:
Pueblo Water Rights
T
he struggle over El
Capitan Dam involved
more than a conflict between the leaders
of two rival
water companies. It also
involved a fundamental question:
Did the city of San Diego have to pay the
Cuyamaca Water Company for the water
the company had developed on the San
Diego River, or did the city have “prior
and paramount” rights to the water?
This question emerged from
a tradition of pueblo water
rights that stretched back to
the Spanish settlement
—
and would have conse-
quences for state Supreme
Court decisions in the
second half of the 20th
century. Until this question
was settled, the construction
of El
Capitan was stalled and
the city saw its dreams of
growth and economic
expansion put on hold.
At issue was the 1783 Plan of Pitic, which
was a guideline to founding Spanish pueblos
in California. It was based on the Spanish
principle that the governing authority had to
“apportion water justly and fairly to each user
and to prevent conflict.”
1
All residents should
share a pueblo’s water and no one had a
superior right to this common good.
The Plan also distinguished between private
rights (such as those of the ranchos that trans-
formed into irrigation districts) and community
rights (such as the pueblos that transformed
into the cities). Privately owned rancho rights
were usually “inferior” to those of a pueblo
community which protected the
“common good.” Even for water
that originated on its property, the
pueblo’s rights were not absolute.
It could not
maliciously deny water
to others or withhold water from a
town without an adequate supply.
Likewise, some private rights were
protected against community
abuse. The test of fairness was
“equity and justice,” and new
towns were admonished that
“there shall not result in injury to
any private individuals.” These
exceptions to the absolute rights
of pueblos acknowledged the complexity of
life-and-death water issues in an arid land.
2
Pueblo water rights became little more than an
interesting footnote for most of
California water
1783
Plan of Pitic defined the basis for water
rights in Spanish pueblos.
1784
Ranchos established with some rights to
communal
water.
1870
City of Los Angeles sued landowner of
former rancho to prevent diversions from
the Los Angeles River.
1870s
City of San Diego complained about
diversions upstream on San Diego River.
1895
Los Angeles won state Supreme Court
decision against Vernon Irrigation District
over rights to the Los Angeles River.
1930
City of San Diego won State Supreme
Court decision against the La Mesa,
Lemon Grove and Spring Valley Irrigation
District over rights to the San Diego River.
1935
El
Capitan Dam and Reservoir completed.
MILESTONES IN WATER RIGHTS DECISIONS
“To apportion water justly
and fairly to each user and
to prevent conflict.”
Principle of traditional
Spanish water law
Excerpt from The San Diego Union-
Tribune, February 5, 1932