California hosts a substantial, complicated water rights system
that allocates water across the state. In addition to a dual
system — riparian and appropriate rights — today state courts
are recognizing expanded public trust values in determining
how the state’s water resources should be best used.
Water rights are governed mostly by state law. Water quality
issues, which may affect allocation, are regulated separately by
both federal and state laws. Water rights can be quite
contentious.
On March 22, 2022, the Second District Court of Appeal
published its Opinion in Buena Vista Water Storage District v.
Kern Water Bank Authority, upholding the Environmental Impact
Report (EIR) for the Kern Water Bank Authority’s Conservation
and Storage Project (“Project”) and reversing the trial court’s
ruling. The Project proposes to divert up to 500,000
acre-feet-per-year (AFY) from the Kern River for recharge,
storage, and later recovery within the Kern Water Bank.
The fish need the water, the farmers and ranchers need the
water, and the fish win. Because coho salmon are on the
Endangered Species List in the region, and the Scott and Shasta
Rivers are important to their survival. The State of California
put emergency rules in place governing groundwater around those
rivers, and the people in agriculture take exception. We hear
the environmental side of the issue in this interview. Craig
Tucker, Natural Resources Policy Advocate for the Karuk Tribe,
lays out the importance of the water for the fish …
Three years ago, when he sank everything he had into 66 acres
of irrigated pasture in Shasta County, [farmer Josh] Davy
thought he’d drought-proofed his cattle operation. He’d been
banking on the Sacramento Valley’s water supply… But this
spring, for the first time ever, no water is flowing through
his pipes and canals or those of his neighbors: The district
won’t be delivering any water to Davy or any of its roughly 800
other customers.
Local and state water leaders were practically upbeat two years
ago at the last in-person Water Summit put on by the Water
Association of Kern County. At least as upbeat as California
water folks typically get. They advocated for new ideas,
radical partnerships and solutions that could benefit both ag
and environmental interests. That was then. Facing a third year
of punishing drought and the bleak realities of new groundwater
restrictions, the vibe at this year’s summit was more “in the
bunker” than “in it together.”
On May 10, the California State Water Resources Control Board
readopted an emergency regulation that stands to force 2,000
water-rights holders to curtail water diversions for another
year. (See related story on Page 10.) The emergency action is
being used to make water available to senior diverters, minimum
instream flows and minimum health and human safety
needs. … As an alternative to a full curtailment action
being applied to a diverter, water-right holders in the upper
watershed (north of Dry Creek in Sonoma County) can instead
voluntarily sign up to participate in the program to receive
some lower percentage of their typical reported water use. -Written by Frost Pauli, a Mendocino County
winegrape and pear grower and is chair of the Mendocino County
Farm Bureau Water Committee.
On Wednesday, State Senator Melissa Hurtado, D-Sanger joined
her colleague, Democratic State Senator Dave Cortese in sending
a letter to United States Attorney General Merrick
Garland requesting an investigation into possible drought
profiteering and water rights abuses in the Western
states. The Senators said they’re concerned about the
increasing amount of water rights being purchased by hedge
funds, their potential anti-competitive practices and the
devastating impact that could have on water security.
Conservation groups are speaking out in support of water rights
in rural Mono County, saying thirsty Los Angeles is endangering
wildlife, ranching and tourism. All parties are awaiting the
judge’s decision after a recent hearing, where the Los Angeles
Department of Water and Power (DWP) argued it has the right to
cut off water ranchers use to irrigate Long Valley and Little
Round Valley for cattle grazing near the Crowley Lake
Reservoir. Wendy Schneider, executive director of the nonprofit
Friends of the Inyo, said the DWP bought up water rights 100
years ago, but the Eastern Sierra is getting the short end of
the stick.
With 60% of the state now in extreme drought conditions, state
officials are warning water-right holders that they should
expect more curtailments during peak irrigation season in June
and July. … Drought emergency curtailment
regulations were issued last fall by the California State Water
Resources Control Board for certain watersheds in response to
persistent dry conditions and spurred by a drought emergency
declaration by Gov. Gavin Newsom. Curtailment orders
adopted last year are effective for up to one year unless
readopted.
Lemoore is speaking out against the efforts of an out of town
water entity to export water from the Kings River. The Lemoore
City Council approved a letter in opposition to a petition to
revoke the Fully Appropriated Stream (FAS) status of the Kings
River on Tuesday. The letter is directed to the State Water
Resources Control Board, which is hearing a petition from Kern
County water agency Semitropic Water Storage District to revoke
the FAS status.
If there’s one thing people in the West know how to fight over,
it’s water. California was built on scarcity, whether it
be gold or silver, land or water. In the mid-1800s, when
European Americans arrived to the land where Indigenous people
had lived for at least 10,000 years, they wasted no time
staking their claims. A big head-scratcher for those early
colonizers was how to get water to sustain burgeoning
towns.
Two recent moves aim to benefit water access for tribal
communities in the Colorado River basin. One, a bill in the
U.S. Congress, could increase access to clean water. Another,
the release of a “shared vision” statement, outlines the goals
of tribes and conservation nonprofits. Tribes in the basin hold
rights to about a quarter of the river’s flow, but have often
been excluded from negotiations about how the river’s water is
used.
The Tuolumne County Board of Supervisors and Sonora City
Council generally liked what they heard Tuesday from Tuolumne
Utilities District staff in a special, non-action joint meeting
Tuesday about TUD’s plan to acquire Pacific Gas and Electric
Co.-owned water rights and infrastructure. A county supervisor
emphasized there may be urgent incentive for TUD to close the
deal because other water agencies from the Central Valley
expressed keen interest in PG&E’s assets in Tuolumne County
back in June 2019.
The Imperial Irrigation District is preparing a water
apportionment plan for Imperial Valley growers to rein in a
projected water overrun after the federal government declared a
water shortage, reducing the amount of water that Arizona,
Nevada and Mexico can claim from the Colorado River. The IID
holds the largest and most secure federal entitlement on the
Colorado River, but current Bureau of Reclamation projections
show the district exceeding its allocation by more than 92,000
acre-feet of water this year…. IID’s Ag Water Advisory
Committee was scheduled to review the EDP proposal on Thursday,
May 12.
California water regulators hosted a public forum on Wednesday
to collect comments about re-adopting drought emergency
regulations for Siskiyou County’s Scott and Shasta River
watersheds. … In response [to current drought conditions],
the California Department of Fish and Wildlife
is requesting the re-adoption of a 12-month drought
emergency regulation to protect salmon, steelhead and
other native fish.
Congress will consider a bill finalizing a water rights
settlement for the Hualapai Tribe in Arizona. KNAU’s Melissa
Sevigny reports, it will resolve the tribe’s longstanding
claims to the Colorado, Bill Williams, and Verde rivers.
Arizona Representative Tom O’Halleran introduced the bill to a
House committee last week. It allows the Hualapai Tribe to
divert 3,414 acre feet of water from the Colorado River each
year. It also establishes a trust fund of $180 million to
construct a project to convey the water to the Hualapai
Reservation. A separate fund of $5 million will be set aside
for carrying out the terms of the agreement.
A series of hot, dry years in the Upper Colorado River Basin
has led to increasing concern about the security of water
supplies at region-wide and local scales…. Without a strategic,
collaborative approach to addressing these issues, there is a
risk that individual entities will act independently to secure
their water supplies against climate and legal uncertainties.
This could lead to more permanent transfers from agriculture,
with detrimental impacts on rural communities and unpredictable
impacts on river ecosystems.
Momentum is building for a unique
interstate deal that aims to transform wastewater from Southern
California homes and business into relief for the stressed
Colorado River. The collaborative effort to add resiliency to a
river suffering from overuse, drought and climate change is being
shaped across state lines by some of the West’s largest water
agencies.
It’s time that California’s water management caught up with
current realities and lived up to the laws on the books. But
that is unlikely to happen until more people understand the
violent, racist, and exclusionary history that props up our
current system of water rights and understand that we are not
stuck with this system – we can choose to reject it and adopt,
instead, a system of water management that reflects current
societal values.
On April 19, 2022, Clark County District Court Judge Bita
Yeager issued a decision vacating the Nevada State Engineer’s
(State Engineer) June 15, 2020, Order 1309. Under Order 1309,
the State Engineer merged seven independently designated
hydrographic basins into one basin known as the Lower White
River Flow System (LWRFS) to be conjunctively managed. The
State Engineer did so based on scientific evidence as to the
previously delineated basins’ hydrological connection.
In March, the water level of Lake Powell declined below a
threshold at which the Glen Canyon Dam’s ability to generate
power becomes threatened, and the Bureau of Reclamation, the
federal agency that oversees the West’s water infrastructure,
is working with the states above Lake Powell to divert more
water to keep its dam operational. Meanwhile, the states around
Lake Mead have been hashing out the details of a plan to
voluntarily curtail their use to prevent even more dramatic
cuts to Arizona and Nevada from going into effect next year.
As the Ukraine war kindles fears of rising food prices, the
recognition of a secure domestic food supply – driven in large
part by irrigated agriculture in the Western U.S. – is
something we need to talk about. … Government water
policy decisions made in California and Oregon are currently
withholding once-reliable water from farmers in order to meet
perceived environmental priorities. In simple terms, our
own government is actually voluntarily directing measures
that restrict water to farmers. Sadly, this diminishes our
food production capacity, and with it, our national
security. -Written by Paul Orme and Dan Keppen, both of
the Family Farm Alliance.
A Native American tribe in Oregon said Tuesday it is assessing
its legal options after learning the U.S. government plans to
release water from a federally operated reservoir to downstream
farmers along the Oregon-California border amid a historic
drought. Even limited irrigation for the farmers who use
Klamath River water on about 300 square miles of crops puts two
critically endangered fish species in peril of extinction
because the water withdrawals come at the height of spawning
season, The Klamath Tribes said.
With a third year of drought shrinking the creeks that cascade
down the eastern Sierra Nevada, the level of Mono Lake has
fallen so low it has triggered a 72% reduction in the amount of
water Los Angeles can divert from area streams this
year. On April 1, Mono Lake‘s level measured just under
6,380 feet above sea level — about 1 inch below a threshold set
in the Los Angeles Department of Water and Power’s licenses for
diverting alpine runoff from streams that feed the lake east of
Yosemite National Park.
This tour ventured through California’s Central Valley, known as the nation’s breadbasket thanks to an imported supply of surface water and local groundwater. Covering about 20,000 square miles through the heart of the state, the valley provides 25 percent of the nation’s food, including 40 percent of all fruits, nuts and vegetables consumed throughout the country.
Climate scientist Brad Udall calls
himself the skunk in the room when it comes to the Colorado
River. Armed with a deck of PowerPoint slides and charts that
highlight the Colorado River’s worsening math, the Colorado State
University scientist offers a grim assessment of the river’s
future: Runoff from the river’s headwaters is declining, less
water is flowing into Lake Powell – the key reservoir near the
Arizona-Utah border – and at the same time, more water is being
released from the reservoir than it can sustainably provide.
The lower Colorado River has virtually every drop allocated, yet demand is growing from myriad sources — increasing population, declining habitat, drought and climate change.
The 1,450-mile river is a lifeline to 40 million people in the Southwest across seven states, 30 tribal nations and Mexico. How the Lower Basin states – Arizona, California and Nevada – use and manage this water to meet agricultural, urban, environmental and industrial needs was the focus of this tour.
Hyatt Place Las Vegas At Silverton Village
8380 Dean Martin Drive
Las Vegas, NV 89139
This tour guided participants on a virtual exploration of the Sacramento River and its tributaries and learn about the issues associated with a key source for the state’s water supply.
All together, the river and its tributaries supply 35 percent of California’s water and feed into two major projects: the State Water Project and the federal Central Valley Project.
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.
This event explored the lower Colorado River where virtually every drop of the river is allocated, yet demand is growing from myriad sources — increasing population, declining habitat, drought and climate change.
The 1,450-mile river is a lifeline to 40 million people in the Southwest across seven states and Mexico. How the Lower Basin states – Arizona, California and Nevada – use and manage this water to meet agricultural, urban, environmental and industrial needs was the focus of this tour.
Our Water 101 Workshop, one of our most popular events, offered attendees the opportunity to deepen their understanding of California’s water history, laws, geography and politics.
Taught by some of the leading policy and legal experts in the state, the workshop was held as an engaging online event on the afternoons of Thursday, April 22 and Friday, April 23.
The Water Education Foundation’s Water 101 Workshop, one of our most popular events, offered attendees the opportunity to deepen their understanding of California’s water history, laws, geography and politics.
Taught by some of the leading policy and legal experts in the state, the one-day workshop held on Feb. 20, 2020 covered the latest on the most compelling issues in California water.
McGeorge School of Law
3327 5th Ave.
Sacramento, CA 95817
Dates are now set for two key
Foundation events to kick off 2020 — our popular Water 101
Workshop, scheduled for Feb. 20 at McGeorge School of Law in
Sacramento, and our Lower Colorado River Tour, which will run
from March 11-13.
In addition, applications will be available by the first week of
October for our 2020 class of Water Leaders, our competitive
yearlong program for early to mid-career up-and-coming water
professionals. To learn more about the program, check out our
Water Leaders program
page.
This tour explored the lower Colorado River where virtually every drop of the river is allocated, yet demand is growing from myriad sources — increasing population, declining habitat, drought and climate change.
The 1,450-mile river is a lifeline to 40 million people in the Southwest across seven states and Mexico. How the Lower Basin states – Arizona, California and Nevada – use and manage this water to meet agricultural, urban, environmental and industrial needs is the focus of this tour.
Silverton Hotel
3333 Blue Diamond Road
Las Vegas, NV 89139
This 2-day, 1-night tour offered participants the opportunity to
learn about water issues affecting California’s scenic Central
Coast and efforts to solve some of the challenges of a region
struggling to be sustainable with limited local supplies that
have potential applications statewide.
As the Colorado River Basin becomes
drier and shortage conditions loom, one great variable remains:
How much of the river’s water belongs to Native American tribes?
Native Americans already use water from the Colorado River and
its tributaries for a variety of purposes, including leasing it
to non-Indian users. But some tribes aren’t using their full
federal Indian reserved water right and others have water rights
claims that have yet to be resolved. Combined, tribes have rights
to more water than some states in the Colorado River Basin.
In 1983, a landmark California Supreme Court ruling extended the public trust doctrine to tributary creeks that feed Mono Lake, which is a navigable water body even though the creeks themselves were not. The ruling marked a dramatic shift in water law and forced Los Angeles to cut back its take of water from those creeks in the Eastern Sierra to preserve the lake.
Now, a state appellate court has for the first time extended that same public trust doctrine to groundwater that feeds a navigable river, in this case the Scott River flowing through a picturesque valley of farms and alfalfa in Siskiyou County in the northern reaches of California.
One of our most popular events, our annual Water 101 Workshop
details the history, geography, legal and political facets
of water in California as well as hot topics currently facing the
state.
Taught by some of the leading policy and legal experts in the
state, the one-day workshop on Feb. 7 gave attendees a
deeper understanding of the state’s most precious natural
resources.
Optional Groundwater Tour
On Feb. 8, we jumped aboard a bus to explore groundwater, a key
resource in California. Led by Foundation staff and groundwater
experts Thomas
Harter and Carl Hauge, retired DWR chief hydrogeologist, the
tour visited cities and farms using groundwater, examined a
subsidence measuring station and provided the latest updates
on the Sustainable Groundwater Management Act.
McGeorge School of Law
3327 5th Ave.
Sacramento, CA 95817
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.
We explored the lower Colorado River where virtually every drop
of the river is allocated, yet demand is growing from myriad
sources — increasing population, declining habitat, drought and
climate change.
The 1,450-mile river is a lifeline to 40 million people in
the Southwest across seven states and Mexico. How the Lower Basin
states – Arizona, California and Nevada – use and manage this
water to meet agricultural, urban, environmental and industrial
needs was the focus of this tour.
Hampton Inn Tropicana
4975 Dean Martin Drive, Las Vegas, NV 89118
One of our most popular events, Water 101 details the history,
geography, legal and political facets of water in California
as well as hot topics currently facing the state.
Taught by some of the leading policy and legal experts in the
state, the one-day workshop gives attendees a deeper
understanding of the state’s most precious natural resource.
McGeorge School of Law
3285 5th Ave, Classroom C
Sacramento, CA 95817
Does 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.
This three-day, two-night tour explored the lower Colorado River
where virtually every drop of the river is allocated, yet demand
is growing from myriad sources — increasing population,
declining habitat, drought and climate change.
The 1,450-mile river is a lifeline to 40 million people in
the Southwest across seven states and Mexico. How the Lower Basin
states – Arizona, California and Nevada – use and manage this
water to meet agricultural, urban, environmental and industrial
needs is the focus of this tour.
Best Western McCarran Inn
4970 Paradise Road
Las Vegas, NV 89119
This tour explored the Sacramento River and its tributaries
through a scenic landscape as participants learned about the
issues associated with a key source for the state’s water supply.
All together, the river and its tributaries supply 35 percent of
California’s water and feed into two major projects: the State
Water Project and the federal Central Valley Project. Tour
participants got an on-site update of repair efforts on the
Oroville Dam spillway.
Flowing into the heart of the Mojave Desert, the Mojave River
exists mostly underground. Surface channels are usually dry
absent occasional groundwater surfacing and flooding
from extreme weather events like El Niño.
This issue looks at how California’s severe drought has put its
water rights system under scrutiny, raising the question whether
a complete overhaul is necessary to better allocate water use.
California’s severe drought has put its water rights system under
scrutiny, raising the question whether a complete overhaul is
necessary to better allocate water use.
(Read the excerpt below from the July/August 2015 issue along
with the editor’s note. Click here
to subscribe to Western Water and get full access.)
Introduction
California’s severe drought has put its water rights system under
scrutiny, raising the question whether a complete overhaul is
necessary to better allocate water use.
Before attorneys wrangled in courtrooms over questions of water
rights, people typically took matters into their own hands. If
your neighbor up river was damming water that affected your
supply, it wasn’t unheard of that you would simply sneak up in
the middle of the night and blow up the dam.
20-minute version of the 2012 documentary The Klamath Basin: A
Restoration for the Ages. This DVD is ideal for showing at
community forums and speaking engagements to help the public
understand the complex issues related to complex water management
disputes in the Klamath River Basin. Narrated by actress Frances
Fisher.
For over a century, the Klamath River Basin along the Oregon and
California border has faced complex water management disputes. As
relayed in this 2012, 60-minute public television documentary
narrated by actress Frances Fisher, the water interests range
from the Tribes near the river, to energy producer PacifiCorp,
farmers, municipalities, commercial fishermen, environmentalists
– all bearing legitimate arguments for how to manage the water.
After years of fighting, a groundbreaking compromise may soon
settle the battles with two epic agreements that hold the promise
of peace and fish for the watershed. View an excerpt from the
documentary here.
20-minute DVD that explains the problem with polluted stormwater,
and steps that can be taken to help prevent such pollution and
turn what is often viewed as a “nuisance” into a water resource
through various activities.
Many Californians don’t realize that when they turn on the
faucet, the water that flows out could come from a source close
to home or one hundreds of miles away. Most people take their
water for granted; not thinking about the elaborate systems and
testing that go into delivering clean, plentiful water to
households throughout the state. Where drinking water comes from,
how it’s treated, and what people can do to protect its quality
are highlighted in this 2007 PBS documentary narrated by actress
Wendie Malick.
A 30-minute version of the 2007 PBS documentary Drinking Water:
Quenching the Public Thirst. This DVD is ideal for showing at
community forums and speaking engagements to help the public
understand the complex issues surrounding the elaborate systems
and testing that go into delivering clean, plentiful water to
households throughout the state.
30-minute DVD that traces the history of the U.S. Bureau of
Reclamation and its role in the development of the West. Includes
extensive historic footage of farming and the construction of
dams and other water projects, and discusses historic and modern
day issues.
Water truly has shaped California into the great state it is
today. And if it is water that made California great, it’s the
fight over – and with – water that also makes it so critically
important. In efforts to remap California’s circulatory system,
there have been some critical events that had a profound impact
on California’s water history. These turning points not only
forced a re-evaluation of water, but continue to impact the lives
of every Californian. This 2005 PBS documentary offers a
historical and current look at the major water issues that shaped
the state we know today. Includes a 12-page viewer’s guide with
background information, historic timeline and a teacher’s lesson.
This beautiful 24×36 inch poster, suitable for framing, displays
the rivers, lakes and reservoirs, irrigated farmland, urban areas
and Indian reservations within the Klamath River Watershed. The
map text explains the many issues facing this vast,
15,000-square-mile watershed, including fish restoration;
agricultural water use; and wetlands. Also included are
descriptions of the separate, but linked, Klamath Basin
Restoration Agreement and the Klamath Hydroelectric Agreement,
and the next steps associated with those agreements. Development
of the map was funded by a grant from the U.S. Fish and Wildlife
Service.
This beautiful 24×36 inch poster, suitable for framing, displays
the rivers, lakes and reservoirs, irrigated farmland, urban areas
and Indian reservations within the Truckee River Basin, including
the Newlands Project, Pyramid Lake and Lake Tahoe. Map text
explains the issues surrounding the use of the Truckee-Carson
rivers, Lake Tahoe water quality improvement efforts, fishery
restoration and the effort to reach compromise solutions to many
of these issues.
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.
The 20-page Layperson’s Guide to Water Marketing provides
background information on water rights, types of transfers and
critical policy issues surrounding this topic. First published in
1996, the 2005 version offers expanded information on
groundwater banking and conjunctive use, Colorado River
transfers and the role of private companies in California’s
developing water market.
Order in bulk (25 or more copies of the same guide) for a reduced
fee. Contact the Foundation, 916-444-6240, for details.
The 28-page Layperson’s Guide to Nevada Water provides an
overview of the history of water development and use in Nevada.
It includes sections on Nevada’s water rights laws, the history
of the Truckee and Carson rivers, water supplies for the Las
Vegas area, groundwater, water quality, environmental issues and
today’s water supply challenges.
The 28-page Layperson’s Guide to Groundwater is an in-depth,
easy-to-understand publication that provides background and
perspective on groundwater. The guide explains what groundwater
is – not an underground network of rivers and lakes! – and the
history of its use in California.
The Colorado River provides water to 40 million people and 4
million acres of farmland in a region encompassing some 246,000
square miles in the southwestern United States. The 32-page
Layperson’s Guide to the Colorado River covers the history of the
river’s development; negotiations over division of its water; the
items that comprise the Law of the River; and a chronology of
significant Colorado River events.
The 24-page Layperson’s Guide to California Water provides an
excellent overview of the history of water development and use in
California. It includes sections on flood management; the state,
federal and Colorado River delivery systems; Delta issues; water
rights; environmental issues; water quality; and options for
stretching the water supply such as water marketing and
conjunctive use. New in this 10th edition of the guide is a
section on the human need for water.
The 24-page Layperson’s Guide to the Central Valley Project
explores the history and development of the federal Central
Valley Project (CVP), California’s largest surface water delivery
system. In addition to the project’s history, the guide describes
the various CVP facilities, CVP operations, the benefits the CVP
brought to the state and the CVP Improvement Act (CVPIA).
The 24-page Layperson’s Guide to the Delta explores the competing
uses and demands on California’s Sacramento-San Joaquin Delta.
Included in the guide are sections on the history of the Delta,
its role in the state’s water system, and its many complex issues
with sections on water quality, levees, salinity and agricultural
drainage, fish and wildlife, and water distribution.
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 – water rights
laws based on ownership of land bordering a waterway. The
riparian property owner—one who lives next to the river—
possesses the right to use that water, a right that cannot be
transferred apart from the land.
Water marketing is the transfer or sale of water or water rights
from one user to another, typically from an agricultural to an
urban water agency, often without investing in new infrastructure
Most exchanges involve a transfer of the resource itself, not a
transfer of the right to use the water.
Reallocating the available water on a supply-and-demand basis is
viewed by proponents as the best financial, political and
environmental means of accommodating an increase in population.
Surface water is water
found in rivers, lakes, streams, and ponds. There are a limited
number of instances in which water in a defined underground
channel is classified as surface water. There are several types
of water rights that apply to surface water.
A landowner whose property borders a river has a right to use
water from that river on his land. This is called riparian
rights.
In addition to riparian
and appropriative
water rights, there are two other types of surface water rights
in California: pueblo rights and federal reserved rights.
Prescriptive Rights are water use rights gained illicitly that
evolve into a title. Typically this occurs with rights to
chronically overdraftedgroundwater basins gained
through trespass or unauthorized use.
In California, the California Supreme Court developed the
doctrine of prescriptive rights in 1949.
Henry J. Vaux Jr. is the professor of resource economics,
emeritus, of the University of California, Berkeley, and the
University of California, Riverside.
Adjudicate -To determine rights by a
lawsuit in court.
Appropriative Right – A right based on physical
control of water and since 1914 in relation to surface water, a state-issued
permit or license for its beneficial use. Appropriative
water rights in California are divided into pre-1914 and
post-1914 rights, depending on whether they were initiated after
the December 19, 1914 effective date of the Water Commission Act
of 1913. Post-1914 rights can only be initiated by filing an
application and obtaining a permit from the state. The program is
now administered by the State Water Resources Control
Board.
Groundwater banking is a process of diverting floodwaters or
other surface water into
an aquifer where it can be
stored until it is needed later. In a twist of fate, the space
made available by emptying some aquifers opened the door for the
banking activities used so extensively today.
When multiple parties withdraw water from the same aquifer,
groundwater pumpers can ask the court to adjudicate, or hear
arguments for and against, to better define the rights that
various entities have to use groundwater resources. This is known
as groundwater adjudication. [See also California
water rights and Groundwater Law.]
Federal reserved rights were created when the United States
reserved land from the public domain for uses such as Indian
reservations, military bases and national parks, forests and
monuments. [See also Pueblo Rights].
This printed issue of Western Water looks at California
groundwater and whether its sustainability can be assured by
local, regional and state management. For more background
information on groundwater please refer to the Foundation’s
Layperson’s Guide to Groundwater.
This issue of Western Water looks at the BDCP and the
Coalition to Support Delta Projects, issues that are aimed at
improving the health and safety of the Delta while solidifying
California’s long-term water supply reliability.
This printed issue of Western Water examines the issues
associated with the State Water Board’s proposed revision of the
water quality Bay-Delta Plan, most notably the question of
whether additional flows are needed for the system, and how they
might be provided.
This printed issue of Western Water examines
groundwater banking, a water management strategy with appreciable
benefits but not without challenges and controversy.
“Let me state, clearly and finally, the Interior Department is
fully and completely committed to the policy that no water which
is needed in the Sacramento Valley will be sent out of it. There
is no intent on the part of the Bureau of Reclamation ever to
divert from the Sacramento Valley a single acre-foot of water
which might be used in the valley now or later.” – J.A. Krug,
Secretary of the Interior, Oct. 12, 1948, speech at Oroville, CA
This printed issue of Western Water examines the area
of origin laws, what they mean to those who claim their
protections and the possible implications of the Tehama Colusa
Canal Authority’s lawsuit against the Bureau of Reclamation.
This printed copy of Western Water examines the native salmon and
trout dilemma – the extent of the crisis, its potential impact on
water deliveries and the lengths to which combined efforts can
help restore threatened and endangered species.
This printed copy of Western Water examines the Delta through the
many ongoing activities focusing on it, most notably the Delta
Vision process. Many hours of testimony, research, legal
proceedings, public hearings and discussion have occurred and
will continue as the state seeks the ultimate solution to the
problems tied to the Delta.
This issue of Western Water examines the challenges facing state,
federal and tribal officials and other stakeholders as they work
to manage terminal lakes. It includes background information on
the formation of these lakes, and overviews of the water quality,
habitat and political issues surrounding these distinctive bodies
of water. Much of the information in this article originated at
the September 2004 StateManagement Issues at Terminal Water
Bodies/Closed Basins conference.
Priority: the right to precedence over others in obtaining,
buying, or doing something – Webster’s New World College
Dictionary
First in time, first in right has long served as one guiding
principle of water law in California. Simply put, this priority
system generally holds that the first person to claim water and
use it has a right superior to subsequent claims. In times of
shortage, it is the most junior of water rights holders who must
cut back use first.
Drawn from a special stakeholder symposium held in September 1999
in Keystone, Colorado, this issue explores how we got to where we
are today on the Colorado River; an era in which the traditional
water development of the past has given way to a more
collaborative approach that tries to protect the environment
while stretching available water supplies.
