It’s been said that California is confronting a 21st century water crisis armed with 20th century infrastructure and 19th century laws. That’s indisputably true. California’s water rights system was created in the latter half of the 1800s. It has changed surprisingly little since then. In a state that prides itself on environmental innovation, it’s alarming that California’s calcified water rights system is out of sync with current needs. That’s especially problematic in light of the linked phenomena of climate change and drought.
-Written by Richard Frank, a professor of environmental practice who teaches water law at the University of California, Davis, School of Law; and Holly Doremus, a professor of environmental regulation, who teaches water law at the University of California, Berkeley, School of Law.