University of California College of the Law, San Francisco (UC Law SF) | May 13th, 2015
Summary
There are no laws in California that require coordination between land planners and water regulators. A local planning commission may approve a new subdivision ev
There are no laws in California that require coordination between land planners and water regulators. A local planning commission may approve a new subdivision even though there may not be enough water to supply the new development. Moreover, local water authorities and the Water Resources Control Board are under no obligation to provide water to developers if the developers do not hold title to a valid claim to water rights.
The following survey and report represents a first comprehensive attempt to surface laws that lie at the intersection of land management and water regulations, offering several recommendations for ways in which existing laws can be used to facilitate better coordination between land planners and water managers. These recommendations, contained in Chapters IV-VI, suggest:
Redefining the “coordination” requirement of the conservation element in general plans to facilitate coordination;
Applying the Groundwater Sustainability Management Act’s sustainability goals to facilitate coordination;
Utilizing well moratoria to facilitate coordination while limiting unsustainable growth.
This report also contains a summary of our methodology in Chapter II, a historical overview of the relationship between land use and water law in California in Chapter III, and a survey of existing laws and constitutional provisions that are relevant to both land use and water management in Chapters VII and VIII. We hope that this report will serve as a useful tool for lawmakers and regulators to help achieve water security and sustainability for future generations.