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Real Property, Personal Property, Public Utility

MB
Michael Beason
Thu, Mar 11, 2021 2:36 PM

Greetings All,

Background:  City owned small reservoir and land around it.  City gave land to U.S. in exchange for U.S. building larger reservoir for municipal water and irrigation.  City has perpetual right to receive approx.. 4800 acre feet for use as a municipal water source.  City may desire to give the water rights to the Irrigation District in exchange for waiver of certain maintenance costs.

Question:  Not traditional riparian issue.  So are these rights to real property or personal property.

Second question:  Since these water rights comprise a portion of the City's municipal water supply, and have since approx. 1941, is this property "purchased and held by such corporation for the public use and benefit of its citizens rather than "property purchased and held by municipal corporations for the use of the corporation as an entity" and thus can only be disposed of "when the public use has been abandoned, or the property has become unsuitable or inadequate for the purpose to which it was dedicated."

City Charter permits sale or disposition of a public utility absent vote of the people.

Greetings All, Background: City owned small reservoir and land around it. City gave land to U.S. in exchange for U.S. building larger reservoir for municipal water and irrigation. City has perpetual right to receive approx.. 4800 acre feet for use as a municipal water source. City may desire to give the water rights to the Irrigation District in exchange for waiver of certain maintenance costs. Question: Not traditional riparian issue. So are these rights to real property or personal property. Second question: Since these water rights comprise a portion of the City's municipal water supply, and have since approx. 1941, is this property "purchased and held by such corporation for the public use and benefit of its citizens rather than "property purchased and held by municipal corporations for the use of the corporation as an entity" and thus can only be disposed of "when the public use has been abandoned, or the property has become unsuitable or inadequate for the purpose to which it was dedicated." City Charter permits sale or disposition of a public utility absent vote of the people.