Wasted Water: Reasonable Use Law in 21st Century California

Publisher not available | January 24th, 2015

The 2015 California Water Law Symposium focused on the reasonable use of water in modern day California. Panel topics: The Long View on Reasonable Use Law in Cali

The 2015 California Water Law Symposium focused on the reasonable use of water in modern day California. Panel topics: The Long View on Reasonable Use Law in California A Tale of Two Counties: Efficiency in a Modern Climate "Just" Pricing: Water Affordability and California's Human Right to Water Sustainable Groundwater Management The Role of Reasonable Use Law in the Russian River Frost Protection Litigation Advancements and Challenges in Agricultural Water Use Efficiency Since 2009

Water Allocation in California - Legal Rights and Reform Needs

Golden Gate University (GSU) | March 31st, 1982

FOREWARD: Water supply, allocation, use and conservation are constantly debated in California, often appearing as highly charged political issues in candidates' races and

FOREWARD: Water supply, allocation, use and conservation are constantly debated in California, often appearing as highly charged political issues in candidates' races and on election ballots. This year is no exception, with major ballot propositions already scheduled for the June primary election and being circulated to qualify for the November general election. Accordingly this Research Paper on legal aspects of water allocation is being published for the valuable background it affords readers wishing to learn more about the subject. The author draws on his legal expertise, as well as his experience as Staff Director of the Governor's Commission to Review California Water Rights Law. The paper emphasizes the crucial role of water rights in California water management, and it points to the need for and present lack of a political consensus on water law reform. The author concludes by suggesting forces that could bring about interest-group realignments and other developments favorable to achieving the needed consensus on water law and management reform that so far has eluded Californians. Stanley Scott Assistant Director Institute of Governmental Studies March 1982

Water Allocation, Use, and Regulation in California

California Department of Water Resources (DWR) | October 30th, 2014

In California, water use and supplies are controlled and managed under an intricate system of common law principles, constitutional provisions, State and federal statutes

In California, water use and supplies are controlled and managed under an intricate system of common law principles, constitutional provisions, State and federal statutes, court decisions, and contracts or agreements. All of these components constitute the institutional framework for the protection of public interests and their balance with private claims in California’s water allocation and management.

Water Quality Conditions in the Sacramento-San Joaquin Delta and Suisun and San Pablo Bays during 2009

California Department of Water Resources (DWR) | December 28th, 2010

This report summarizes the results of water quality monitoring and special  studies conducted by the Environmental Monitoring Program (EMP) within the Sacramento-San Joa

This report summarizes the results of water quality monitoring and special  studies conducted by the Environmental Monitoring Program (EMP) within the Sacramento-San Joaquin Delta (Delta) and Suisun and San Pablo bays (the upper San Francisco estuary) during calendar year 2009. This monitoring is mandated by Water Right Decision 1641 (D-1641) and this report is being submitted to fulfill the reporting requirements of this decision. The EMP monitored water quality using a protocol implemented in 1996. Under this monitoring protocol, 13 sampling sites—2 of which were added after 1996—representing 8 regions of the upper San Francisco estuary (estuary) were monitored for 15 physical and chemical water quality parameters. The results gathered from the sampling of these 15 parameters are described in this report. Parameters such as water temperature, Secchi disk depth, dissolved oxygen (DO) concentration, specific conductance, dissolved inorganic nitrogen, orthophosphate, and volatile suspended solids were within their historical range. Measured parameters exhibited seasonal variation as well as changes in response to significant rainfall events and in flow rates. In addition to monitoring physical and chemical water quality parameters, biological sampling was conducted to monitor the productivity and community composition of phytoplankton, zooplankton, and benthic communities.

Water Right Compliance and Enforcement in the Delta

California State Water Resources Control Board (SWRCB) | April 5th, 2012

The report focuses on the State Water Board’s responsibility to enforce water rights and to prevent unauthorized diversions of water in the state of California. Purs

The report focuses on the State Water Board’s responsibility to enforce water rights and to prevent unauthorized diversions of water in the state of California. Pursuant to the Water Code, the State Water Board is responsible for enforcing the terms and conditions of water right permits, licenses, and registrations, as well as investigating diversions of water. As addressed in the Strategic Workplan for Activities in the San Francisco Bay / Sacramento-San Joaquin Delta Estuary, the State Water Board is directed to investigate illegal diversions and violations of permit and license conditions and take action when violations are occurring in the Bay-Delta Watershed. The report discusses how the State Water Board began an investigation of illegal diversions of water, focusing on the Delta. For instance, the State Water Board has investigated two islands in the Delta to establish whether the landowners possessed any water rights. Most did, though some individuals were subject to more review, the majority of which concerned validating riparian claims for severed parcels. The report notes that the State Water Board has also investigated diverters within an area of the southern Delta and resolved all cases resulting from that investigation. The report also discusses how the State Water Board has begun an investigation of water diverters, statewide, who have failed to file required reports, which include the annual reports for permit and license holders, and the supplemental statements. Finally, the report suggests a new approach of looking at districts in the Delta who serve water to individuals, in addition to looking at compliance issues related to individual diverters.

Water Right Decision 1485: Sacramento-San Joaquin Delta and Suisun Marsh

California State Water Resources Control Board (SWRCB) | August 16th, 1978

Water Right Exactions

Social Science Research Network (SSRN) | May 15th, 2023

Water Rights Decision 1641 (D-1641)

California State Water Resources Control Board (SWRCB) | December 29th, 1999

This decision is part of the SWRCB’s implementation of the 1995 Bay-Delta Plan. Many of the objectives in the 1995 Bay-Delta Plan are best implemented by making changes

This decision is part of the SWRCB’s implementation of the 1995 Bay-Delta Plan. Many of the objectives in the 1995 Bay-Delta Plan are best implemented by making changes in the flow of water or in the operation of facilities that move water. Accordingly, this decision amends certain water rights by assigning responsibilities to the persons or entities holding those rights to help meet the objectives.

Water Risk Hotspots for Agriculture: The Case of the Southwest United States

Organisation for Economic Co-operation and Development (OECD) | July 14th, 2016

The Southwest United States – defined here as Arizona, California, Colorado, Nevada, New Mexico, and Utah – is a rapidly growing region that faces major water challe

The Southwest United States – defined here as Arizona, California, Colorado, Nevada, New Mexico, and Utah – is a rapidly growing region that faces major water challenges. It has the fastest growing population and one of the most economically productive regions of the United States. It is also the most arid region and is prone to long-term droughts. These dry conditions, combined with a water allocation system based on prior appropriation — whereby the “first in time” is the “first in line” to access water — generate tension between stable or declining sectors of the economy that hold the majority of the rights to water and the fast-growing sectors of the economy that have more limited water rights. The Southwest provides a case study of the challenges posed by limited water availability and some of the successful methods used to bridge the gap between water supply and demand.

We Don't Do Groundwater: A Morsel of California Legal History

Berkeley Law Scholarship Repository | January 1st, 2002

It must seem surprising to people elsewhere that California, unlike other western states, continues to treat surface water and groundwater under separate and distinct leg

It must seem surprising to people elsewhere that California, unlike other western states, continues to treat surface water and groundwater under separate and distinct legal regimes, even though everyone today acknowledges that water comprises a continuum through which the water moves wherever gravity takes it.  Moreover, whatever "mystery" there once was about the movement of water underground, and that induced lawmakers and treatise writers to eschew efforts to regulate groundwater, is no longer a hindrance to modern management, as most states have acknowledged. What, then, explains California's failure to bring its water law into line with contemporary knowledge, and with scientific reality? The answer (actually there are two answers) is not very mysterious.