100 years of California's water rights system: patterns, trends and uncertainty

Environmental Research Letters, IOP Publishing | August 19th, 2014

For 100 years, California’s State Water Resources Control Board and its predecessors have been responsible for allocating available water supplies to beneficial uses,

For 100 years, California’s State Water Resources Control Board and its predecessors have been responsible for allocating available water supplies to beneficial uses, but inaccurate and incomplete accounting of water rights has made the state ill-equipped to satisfy growing societal demands for water supply reliability and healthy ecosystems. Here, we present the first comprehensive evaluation of appropriative water rights to identify where, and to what extent, water has been dedicated to human uses relative to natural supplies. The results show that water right allocations total 400 billion cubic meters, approximately five times the state’s mean annual runoff. In the state’s major river basins, water rights account for up to 1000% of natural surface water supplies, with the greatest degree of appropriation observed in tributaries to the Sacramento and San Joaquin Rivers and in coastal streams in southern California. Comparisons with water supplies and estimates of actual use indicate substantial uncertainty in how water rights are exercised. In arid regions such as California, over-allocation of surface water coupled with trends of decreasing supply suggest that new water demands will be met by re-allocation from existing uses. Without improvements to the water rights system, growing human and environmental demands portend an intensification of regional water scarcity and social conflict. California’s legal framework for managing its water resources is largely compatible with needed reforms, but additional public investment is required to enhance the capacity of the state’s water management institutions to effectively track and regulate water rights.

A Case Study in Interstate Resource Management: The California-Nevada Water Controversy, 1865-1955

University of California at Davis (UC Davis) | May 1st, 1973

A Guide to California Water Right Appropriations

California State Water Resources Control Board | January 1st, 2000

A guide to California's water right permit process written by the State Water Resources Control Board, dated January 2000. TABLE OF CONTENTS California Water Righ

A guide to California's water right permit process written by the State Water Resources Control Board, dated January 2000. TABLE OF CONTENTS California Water Rights Permit Issuance - A look at the process Things to consider before filing your application Filing your applicationj Appendices

A Practitioner’s Guide to Instream Flow Transactions in California

SWIFT Working Group, American Rivers, Nature Conservancy, Trout Unlimited, Scott River Water Trust, River Right, Alford Environmental | March 1st, 2016

The purpose of this guide is to help water right holders –and those assisting them – understand their options for keeping water instream in California. Th

The purpose of this guide is to help water right holders –and those assisting them – understand their options for keeping water instream in California. This guide briefly describes some of the most common types of instream flow transactions (i.e., methods for restoring flow for environmental purposes), and discusses in detail how to navigate the process of completing an instream flow dedication by changing a water right, as permitted by Water Code Section 1707. The intended audience for this document includes both water rights holders and practitioners, such as staff for land trusts, water trusts, Resource Conservation Districts (RCDs), and other organizations. This guide focuses on instream dedications via the change petition process administered by the State Water Resources Control Board (State Water Board). Other publications – for example, the Trust for Public Land’s Water Acquisition Handbook (2003) – provide a more general overview of acquiring water for environmental purposes in California. This guide will provide a description of the change petition process, and offer advice on how to navigate, troubleshoot, and work in partnership with the State Water Board and other natural resource agencies to complete an instream flow dedication.

A Research Guide to California Water Law

Loyola Law School | February 21st, 2017

California water law is a complex subject. It is governed by both state and federal law, and is part property law and part environmental law. This topic has important his

California water law is a complex subject. It is governed by both state and federal law, and is part property law and part environmental law. This topic has important historical roots, based in common law concepts of private rights to water, but is now dominated by federal legislation aimed at achieving environmental purposes. Adding to this complexity is the existence of a large number of federal, state and local agencies which play a role in the allocation and management of the state’s water resources. This research guide explains the basic concepts a researcher needs in order to begin understanding the current legal regime that controls the water of California. The guide covers a wide variety of resources, both print and online, some of which are freely available but others only through paid subscriptions. The greater emphasis is on California statutes, cases and regulations, but the secondary sources discussed will provide the necessary explanation of how federal law applies.

Addressing Institutional Vulnerabilities in California’s Drought Water Allocation, Part 1: Water Rights Administration and Oversight During Major Statewide Droughts, 1976–2016

California Natural Resources Agency | August 30th, 2018

Climate change has already begun to affect California’s hydrology and water resources, and droughts are likely to become more frequent, longer, and more intense

Climate change has already begun to affect California’s hydrology and water resources, and droughts are likely to become more frequent, longer, and more intense in the future (see Section 2.2.4). This project is designed to help state water governance and decision-making structures adapt to this changing climatic reality. We focus on how one of California’s primary water management institutions, the State Water Resources Control Board (Board), has responded in the past, and could better respond in the future, to droughts and their attendant challenges, including water shortage, uncertainty, and conflict. Click here for Part 2.

Addressing Institutional Vulnerabilities in California’s Drought Water Allocation, Part 2: Improving Water Rights Administration and Oversight for Future Droughts

California Natural Resources Agency | August 30th, 2018

 In California, droughts are likely to become more frequent, longer, and more intense in the future, posing increasing challenges for water management, and raising the s

 In California, droughts are likely to become more frequent, longer, and more intense in the future, posing increasing challenges for water management, and raising the stakes for effective drought response. This project aims to help state water governance and decision-making structures adapt to the changing climatic reality. In a companion report in this volume, we analyzed the strategies the State Water Resources Control Board (Board) used for water rights administration and oversight during the last four major statewide droughts. Our findings suggest that more proactive planning and preparation, enabling reduced reliance on in-drought improvisation, would improve the Board’s future drought responses. This report builds on that retrospective analysis with specific recommendations.  Click here for Part 1.

Allocating California’s Water: Directions for Reform

Public Policy Institute of California (PPIC) | November 11th, 2015

California’s water allocation system hampers its ability to meet the state’s needs, especially in times of drought. At its heart is an unusually complex array of wate

California’s water allocation system hampers its ability to meet the state’s needs, especially in times of drought. At its heart is an unusually complex array of water rights. This report summarizes challenges and suggests reforms to strengthen the state’s ability to weather droughts and shifting economic demands for water, while maintaining the existing seniority of water rights. Read a summary of the report’s policy recommendations.

Applying the Public Trust Doctrine to River Protection

Department of Water Resources | June 9th, 2004

The public trust is an ancient doctrine, stemming from Roman law. The Institutes of Justinian state that “by natural law, these things are common property of all: air,

The public trust is an ancient doctrine, stemming from Roman law. The Institutes of Justinian state that “by natural law, these things are common property of all: air, running water, the sea, and with it the shores of the sea.” In medieval England this notion was picked up and turned into a declaration that the shores of the sea are common to all and inalienable. The concept was adopted in the United States. As early as 1821, a New Jersey court held that the state could not convey into private ownership the public lands covered by tidal waters, and that any grant purporting to do so was void. These waters are vested in the sovereign state, the court held, not for its own use, but for the use of its citizens for “passing and repassing, navigation, fishing, fowling, sustenance, and all the other uses of the water and its products...” Arnold v. Mundy, 6 N.J.L. 1 (1821). Although the legislature may build dams, locks and bridges in the general interest of improving navigation, the court stated, “they may not consistently with the principles of the law of nature and the constitution of a well-ordered society, make a direct and absolute grant of the waters of the state, divesting all the citizens of their common right.” That, said the Chief Justice, would be a grievance “which never could be long borne by a free people.” Id at 78. The public trust, like the ten commandments, has traditionally been phrased in terms of prohibition: “Thou shalt not abdicate the State’s control over its navigable waters.” More recently, however, this hoary common law creature, with roots in the civil laws of the Roman emperors, the English monarchs and the Spanish kings, has emerged from its long submerged home to impose new protections for the environment and new duties on governmental agencies.

Appropriative Water Rights in California: Background and Issues

California State Water Resources Control Board | May 1st, 1977

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTEN

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTENTS I. Introduction II. Historical Background of Appropriative Rights III.  The Mechanics of Prior Appropriation IV.  Statements of Water Diversion and Use V.  Disputes Over Rights to Water VI.  Enforcement VII.  Loss of Appropriative Rights VIII.  Criticisms of Prior Appropriation Doctrine IX.  Water Use Planning and Allocation Issues