A Legal Guide to the Public’s Rights to Access and Use of California’s Navigable Waters

In California, members of the public have rights to access and use navigable waters for many beneficial uses, including, but not limited to navigation, fishing, and recreation. These public rights are expressed in federal law, California’s Act of Admission, the California Constitution, court opinions, and state statutes. However, the public’s rights to access and use the state’s navigable waters are sometimes misunderstood. California public officials are periodically called on to address disputes about the public’s rights to access and use the state’s navigable waters. These … Continue reading “A Legal Guide to the Public’s Rights to Access and Use of California’s Navigable Waters”

Review of the Laws Establishing the SWRCB’s Permitting Authority over Appropriations of Groundwater Classified as Subterranean Streams and the SWRCB’s Implementation of those Laws

Introduction 1. A Brief Description of Groundwater: The Law and the Reality 2. Questions Addressed in this Report 3. Responses to the Questions Posed by the Board Part I: The Legal Background of the Water Commission Act 1. The Pomeroy Case 2. The Pomeroy Case in its Historical Context 3. Doing the Job Pomeroy Failed … Continue reading “Review of the Laws Establishing the SWRCB’s Permitting Authority over Appropriations of Groundwater Classified as Subterranean Streams and the SWRCB’s Implementation of those Laws”

Hydrology, Ecology, and Fishes of the Klamath River Basin (2008)

The Klamath River basin, which spans parts of southern Oregon and northern California, has been the focus of a prominent conflict over competing uses for water. Management actions to protect threatened and endangered fish species in the basin have left less water available for irrigation in dry years and heightened tensions among farmers and other … Continue reading “Hydrology, Ecology, and Fishes of the Klamath River Basin (2008)”