213The Current Allocation System
water away from streams to other sites. Unfortunately, riparian property rights
made no provision for water to be diverted to other locations. The rights to the
water were tied to the land and could not be separately transferred.
As economic theory would predict, this situation created a demand for a change
in the property rights structure from riparian rights to one that was more congenial
to the need for transferability. The waste resulting from the lack of transferability
became so great that it outweighed any transition costs of changing the system of
property rights. The evolution that took place in the mining camps became the
forerunner of what has become known as the prior appropriation doctrine.
The miners established the custom that the first person to arrive had the
superior (or senior) claim on the water. Later claimants hold junior (or subordinate)
claims. In practice, this severed the relationship that had existed under the riparian
doctrine between the rights to land and the rights to water. As this new doctrine
became adopted in legislation, court rulings, and seven state constitutions,
widespread diversion of water based on prior appropriation became possible.
Stimulated by the profits that could be made in shifting water to more valuable
uses, private companies were formed to construct irrigation systems, and to
transport water from surplus to deficit areas. Agriculture flourished.
Although prior to 1860, the role of the government was rather minimal, it began
to change—slowly at first, but picking up momentum as the twentieth century
began. The earliest incursions involved establishing the principle that the
ownership of water properly belonged to the state. Claimants were accorded a right
to use, known as a usufructuary right, rather than an ownership right. The establish-
ment of this principle of public ownership was followed in short order by the
establishment of state control over the rates charged by the private irrigation
companies, by imposing restrictions on the ability to transfer water out of the
district, and by creating a centralized bureaucracy to administer the process.
This was only the beginning. The demand for land in the arid West and
Southwest was still growing, creating a complementary demand for water to make
the desert bloom. The tremendous profits to be made from large-scale water
diversion created the political climate necessary for federal involvement.
The federal role in water resources originated in the early 1800s, largely out of
concern for the nation’s regional development and economic growth. Toward these
ends, the federal government built a network of inland waterways to provide
transportation. Since the Reclamation Act of 1902, the federal government has
built almost 700 dams to provide water and power to help settle the West.
To promote growth and regional development, the federal government has paid
an average of 70 percent of the combined construction and operating costs of
such projects, leaving states, localities, and private users to carry the remaining
30 percent. Such subsidies have even been extended to cover some of the costs of
providing marketable water services. For example, according to a 1996 General
Accounting Office report, irrigators were repaying only approximately 47 cents for
every dollar of construction costs. Interest-free loans and cheap water are
additional subsidies. Farmers using Central Valley Project water pay approxi-
mately $17 per acre-foot of water, while urban users pay up to ten times that
amount. While the size of these subsidies may, on the surface, seem enormous,