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Publication May 20, 2014

Layperson’s Guide to Water Rights Law
Updated 2020

The 28-page Layperson’s Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights.

It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involved in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes a chronology of landmark cases and legislation and an extensive glossary. Added for 2020 is an extensive section on the Sustainable Groundwater Management Act.

Order in bulk (25 or more copies of the same guide) for a reduced fee. Contact the Foundation, 916-444-6240, for details.

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Western Water (5)
Aquapedia background (3)
Western Water June 6, 2024 California Water Map Layperson's Guide to Water Rights Law Western Water News: New scientific strategy helps make case for holistic management of California rivers Nick Cahill

New Scientific Strategy Helps Make Case for Holistic Management of California Rivers
WESTERN WATER IN-DEPTH: Method Quickly Deciphers How Much Water Fish Need

Manning Creek, in Northern California's Clear Lake watershed.State biologists survey Manning Creek, which feeds Northern California's Clear Lake. The California Department of Fish & Wildlife is using a new, holistic approach with Native American tribes to calculate flows needed to protect the threatened Clear Lake hitch. Source: CDFWOf California’s many tough water challenges, few are more intractable than regulating how much water must be kept in rivers and streams to protect the environment.

Attempts to require enough water at the right time and temperature to sustain fish and other aquatic life run smack against a water rights system developed more than 150 years ago for farmers, miners, industries and cities – but not wildlife.

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Western Water January 25, 2024 Layperson's Guide to Water Rights Law Western Water News: California to uncloak water rights as it moves records online Nick Cahill

California to Uncloak Water Rights As It Moves Records Online
WESTERN WATER SPOTLIGHT: State Also Aims to Make Water Use Data Readily Available to Public

Shelves and boxes full of documents engulf librarian Matthew Jay at the state water board's water rights records room.For a state that prides itself on technological innovation, California is surprisingly antiquated when it comes to accessing fundamental facts about its most critical natural resource – water.

Most anywhere else in the West, basic water rights information such as who is using how much water, for what purpose, when, and where can be pulled up on a laptop or smartphone.

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Western Water March 26, 2021 Layperson's Guide to Water Rights Law By Gary Pitzer

California Weighs Changes for New Water Rights Permits in Response to a Warmer and Drier Climate
WESTERN WATER NOTEBOOK: State Water Board report recommends aligning new water rights to an upended hydrology

The American River in Sacramento in 2014 shows the effects of the 2012-2016 drought. Climate change is expected to result in more frequent and intense droughts and floods. The American River in Sacramento in 2014 shows the effects of the 2012-2016 drought. Climate change is expected to result in more frequent and intense droughts and floods. (Source: California Department of Water Resources)As California’s seasons become warmer and drier, state officials are pondering whether the water rights permitting system needs revising to better reflect the reality of climate change’s effect on the timing and volume of the state’s water supply.

A report by the State Water Resources Control Board recommends that new water rights permits be tailored to California’s increasingly volatile hydrology and be adaptable enough to ensure water exists to meet an applicant’s demand. And it warns that the increasingly whiplash nature of California’s changing climate could require existing rights holders to curtail diversions more often and in more watersheds — or open opportunities to grab more water in climate-induced floods.

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Western Water April 20, 2018 Layperson's Guide to Water Rights Law Gary Pitzer

Amid ‘Green Rush’ of Legal Cannabis, California Strives to Control Adverse Effects on Water
WESTERN WATER IN-DEPTH: State crafts water right and new rules unique to marijuana farms, but will growers accustomed to the shadows comply?

A marijuana plant from a growing operationA cannabis bud from a Northern California growing operation. (Source: State Water Resources Control Board)For decades, cannabis has been grown in California – hidden away in forested groves or surreptitiously harvested under the glare of high-intensity indoor lamps in suburban tract homes.

In the past 20 years, however, cannabis — known more widely as marijuana – has been moving from being a criminal activity to gaining legitimacy as one of the hundreds of cash crops in the state’s $46 billion-dollar agriculture industry, first legalized for medicinal purposes and this year for recreational use.

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Western Water February 23, 2018 Layperson's Guide to Water Rights Law Gary Pitzer

Does California’s Environment Deserve its Own Water Right?
IN-DEPTH: Fisheries and wildlife face growing challenges, but so do water systems competing for limited supply. Is there room for an environmental water right?

Sunset in Sacramento-San Joaquin DeltaDoes California need to revamp the way in which water is dedicated to the environment to better protect fish and the ecosystem at large? In the hypersensitive world of California water, where differences over who gets what can result in epic legislative and legal battles, the idea sparks a combination of fear, uncertainty and promise.

Saying that the way California manages water for the environment “isn’t working for anyone,” the Public Policy Institute of California (PPIC) shook things up late last year by proposing a redesigned regulatory system featuring what they described as water ecosystem plans and water budgets with allocations set aside for the environment.

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Aquapedia background February 11, 2014 Layperson's Guide to Water Rights Law

Water Rights in California

All-American CanalOperated by the Imperial Irrigation District, the All-American Canal delivers the single largest share of Colorado River water to farms in California's Imperial Valley. The district holds some of the most senior water rights on the river. Photo: Ted Wood/The Water Desk

California’s growth has closely paralleled an evolving and complex system of water rights.

After California became a state in 1850, it followed the practice of Eastern states and adopted riparian rights based on ownership of land bordering a waterway. The riparian property owner has the right to use that water, a right that cannot be transferred apart from the land.

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Aquapedia background February 11, 2014 Layperson's Guide to Water Rights Law Layperson's Guide to California Water

Public Trust Doctrine

Rooted in Roman law, the public trust doctrine recognizes the public right to many natural resources including “the air, running water, the sea and its shore.”

The doctrine requires the sovereign, or state, to hold in trust designated resources for the benefit of the people. Traditionally, the public trust applied to commerce and fishing in navigable waters, but its uses were expanded in California in 1971 to include fish, wildlife, habitat and recreation.

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Aquapedia background January 30, 2014 California Water Map Layperson's Guide to Water Rights Law

Appropriative Rights

Consumnes River water diversionThe Omochumne-Hartnell Water District in Sacramento County diverts water from the Cosumnes River to recharge groundwater below a nearby vineyard in the stormy winter of 2024. Taking water from the Cosumnes required a state appropriative water rights permit. Source: California Department of Water Resources.

California law allows rivers, streams, lakes and other surface water to be diverted at one point and appropriated (used) beneficially at a separate point.

This “appropriative right” contrasts with a “riparian right,” which is based on ownership of property adjacent to surface water.

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Publication May 20, 2014
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This item appears in:
  • Topic List: Agriculture
  • Topic: Bay Delta
  • Topic: Climate Change
  • Topic: Legislation — California and Federal
  • Layperson's Guides
  • Topic: Aquifers
  • Topic: Central Valley Project
  • Topic: Colorado River
  • Topic: Ecosystem
  • Topic: Regulations — California and Federal
  • Topic List: Background Information
  • Topic: Endangered Species Act
  • Topic: Water History
  • Topic: Conjunctive Use
  • Topic: Water Rights
  • Topic: Stormwater
  • Topic: Mono Lake
  • Topic: Groundwater
  • Topic: Public Trust Doctrine
  • Topic: Water Quality
  • Topic: Tribal Water Issues
  • Topic: Water Marketing and Banking
  • Topic: Water Supply
  • Topic: Water Transfers
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