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% THE STATE BAR JOURNAL (CALIFORNIA) December, 1941, Issue ho Does Own the Water? California, Bay City or the Federal Government B y Clarence M. Hawkins O f the Auburn Bar In the recent municipal campaign in San Francisco, some radio speak­ers and some news writers made statements, in substance, that San Francisco owned the w aters from Hetch Hetchy; and, that in securing such ownership the city had complied with all state law and as the State of California owned the water, title was now vested in the city. There was no explanation as to how the state acquired ownership which, under the argument, is now vested in the city. In the case of State of Nebraska v. State o f Wyoming, involving waters flowing in an interstate stream and now pending in United States Su­preme Court, the United States is an intervenor and claims basic ownership of all waters within the area of the Louisiana Purchase, and within a por­tion of the area ceded by Mexico in 1848; and further the United States insists that title to and ownership in waters did not pass to the respective states upon their creation but remained in the federal government, and that state water laws do not affect the fed­eral government’s power to control or dispose of such waters. In the pending case of United States v. Alpine Land and Reservoir Com­pany, United States District Court, District of Nevada, the United States claims, inter alia: “ The United States, by the cession to it from Mexico in 1848 of the terri­tory embracing the basin of the Car-son River, became the owner of all rights to the waters in the stream and its tributaries.” The Hetch Hetchy basin and water­shed came to the United States in the same Mexican cession of 1848. And, at least prima facie, the same rule would apply to the Hetch Hetchy as applies to the Carson River basin and to the waters within the Louisiana Purchase. Assuming that, under the Mexican cession of 1848, the United States ac­quired title and ownership to Hetch Hetchy and Carson River waters, the question becomes: when and how, if at all, has the United States been di­vested of that title and ownership? And, as corollary, did either California or Nevada get any title to any water upon its respective admission as a state into the Union? Following further, what is the situation of water users who claim rights under state laws ? It may yet be that we will be forced to an adjudication of water rights Un­der some act of Congress not yet pro­vided.