Prop 98: Concerns over California's Water Supply

Opponents of Proposition 98 — the ballot initiative up in California on June 3rd that would restrain the use of eminent domain and eliminate rent control, simultaneously — have found another reason to be against the proposal.

A group led by the Association of California Water Agencies are pushing back against 98.  These groups believe that eminent domain might be a necessary tool to help communities satisfy their needs for water in the near future.

Other voices have emerged to support the often pilloried notion of eminent domain, on the grounds that some uses for land meet a higher civic need.  Los Angeles, for example, might never get another NFL team without the ability to capture land for a new football stadium.  This was the case in the event of the Staple Center.

The water group, which issued an editorial last fall, write that a number of important water projects could be imperiled by 98.  The believe that eminent domain will be needed to gain access to land for reservoirs, groundwater and surface water storage projects.  As well,

• it might prevent a new Delta conveyance system (More than 25 million Californians and 2.5 million acres of farmland receive water conveyed through the Delta)
• Right-of-way for pipelines and canals to deliver water to new homes and businesses.

It appears that their opposition is not against eminent domain in general, but to how it is written in Prop 98.  In fact, ACWA supports Proposition 99.

Then again, critics such as the Pacific Legal Foundation have pointed out the constraints against eminent domain contained with Prop 99 are very limited.