December 19, 1977 KEYWCRS': ....
RE: Proper Party Applicant
Ed Curren takes the position that the only proper party to
apply for a consumptive use permit is the person in possession.
He states that "a lessee in possession, particularly an agricultural
lessee, having the right of use of the quantities of water
reasonable, beneficial and necessary for his purposes, is the only
proper party to apply for a permit."
He goes on to state that "this particularly applies to a new
use permit in connection with property for which there was no
existing use or the existing use has not been protected by
This question arose in connection with a recent permit application
where the lessee applied for the permit. The owner then requested
that the permit be granted to her as owner of the specified land
rather than to the lessee and the lessee concurred. Ed took the
position that this was improper.
As you may recall, during the governing board meeting I stated
to the board that I saw no reason why the owner could not be
substituted for the lessee since they both concurred in this.
Otherwise, I was suggesting that the permit be issued to them
jointly to run with the land.
If we ever get a few minutes, I would like to discuss this with