California Water Law

This book explores California's water law, examining the many rules and doctrines that govern the use of the state's most precious resource. It explains the various kinds of water rights, how they interact, how they can be modified and lost, and how environmental interests affect water rights exercise. It also describes the relevant laws and the reasons for them to help judges, students, attorneys, and other professionals understand the what and why of this important field.

Format: Hardback
Length: 625 pages
Publication date: 30 August 2022
Publisher: West Academic Publishing

Since California's formative years during the Gold Rush, its development has been intricately intertwined with its water law. Utilizing the state's constitutional water policy and its historical backdrop as lenses, this book delves into the intricate web of rules and doctrines that govern the utilization of what is often referred to as the state's most precious resource. This comprehensive volume elucidates the diverse range of water rights, their interplay, the mechanisms for modification, and the potential for their loss. It also sheds light on the impact of environmental interests on the exercise of water rights and the ongoing questions these interests raise. By providing a detailed account of both the relevant laws and the underlying reasons for their existence, this book aims to assist judges, students, attorneys, and other professionals in gaining a deeper understanding of this critical and multifaceted field.

California's water law has a rich history dating back to the Gold Rush era. The state's constitution plays a pivotal role in regulating water use, and this book explores the various rules and doctrines that govern this precious resource. It examines the different types of water rights, their interactions, and the processes for modifying or losing them. The book also delves into the impact of environmental interests on water rights and the ongoing debates surrounding their management.

One of the key aspects of California's water law is the concept of "prior appropriation." This refers to the right of individuals or entities to use water for a specific purpose before others have a claim to it. The law establishes a priority system for water use, with senior water rights holders having the highest priority. However, environmental concerns have led to the development of new water rights, such as the right to clean water and the right to fish and wildlife.

Another important aspect of water law in California is the management of water resources. The state has implemented various policies and regulations to ensure sustainable water use, including the creation of water agencies and the implementation of water conservation measures. However, there are ongoing challenges, such as drought, water pollution, and climate change, that require innovative solutions and policy adjustments.

The book also discusses the role of courts in interpreting and enforcing water law. The California Supreme Court has played a significant role in shaping water policy, and its decisions have had far-reaching implications for water users throughout the state. However, there are ongoing debates about the appropriate balance between environmental protection and water use, and the role of courts in resolving these disputes.

In conclusion, California's water law is a complex and multifaceted field that requires a deep understanding of the state's constitutional water policy and its historical context. This book provides a comprehensive examination of the many rules and doctrines that govern water use, and it sheds light on the impact of environmental interests on water rights. It is an essential resource for judges, students, attorneys, and other professionals seeking to navigate this critical and ever-evolving field.

Weight: 1236g
Dimension: 254 x 191 (mm)
ISBN-13: 9781647086985