water rights
Actions to Improve California Water Rights Administration and Oversight for Future Droughts
Part 3 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In California, the next drought is always looming on the horizon. While we don’t get advance warning of when a drought will occur, how long it will last, or how severe it will be, we do have advance knowledge that drought planning and preparation are important. First, we know water management during droughts can have …
CONTINUE READINGWater Rights Administration and Oversight During Past California Droughts
Part 2 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In the first post in this series, I talked about why it’s important for the state of California to spend time preparing for future droughts even in wet years like this one. This post examines some of the lessons from past droughts that can inform these preparations. Past droughts have stress-tested California’s water management institutions, …
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CONTINUE READINGCalifornia and Other Western States See Barriers to Protecting Streams
A new report highlights twelve western states’ efforts to restore stream flows using environmental water transfers
Unnaturally low flows in rivers and streams throughout the western United States have threatened fish and other aquatic species for decades. But restoring flows has proved a significant and complex challenge. A recent report prepared for the National Fish and Wildlife Foundation by Stanford University’s Water in the West Program documents twelve western states’ efforts …
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CONTINUE READINGSacramento Judge Halts California Regulator’s Efforts to Impose Water Cutbacks
Court Rules Water Board’s Administrative Process Violates Water Users’ Due Process Rights
A Sacramento judge has thrown a wrench into the California State Water Resources Control Board’s efforts to impose water cutbacks on several of the state’s senior water rights holders. In a July 10th order, Superior Court Judge Shelleyanne Chang ruled that the Water Board’s administrative process, designed to implement drought-based water reductions, violates the due …
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CONTINUE READINGA Water Rights Database For California’s Future
A proposal to modernize information for management of water resources
In April, a group of us (Richard Roos-Collins, Michael Kiparsky, Nell Green Nylen, Michael Hanemann, and Holly Doremus) wrote a document arguing for the need to develop a more complete and functional source of legal information on California’s water rights. Since then, this proposal has been circulated widely among the California water community. In the spirit of …
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CONTINUE READINGDrought and the Supreme Court
Does the Court’s Decision in the Raisin Case Imperil Water Management?
When I first read Rick’s writeup of the Supreme Court’s decision in USDA v. Horne, concerning the federal government’s Depression-era system of “marketing orders” that required farmers to set aside a percentage of their raisin crop in a government-controlled account, I was worried about water. And that’s not just because I always worry about water. Horne turned on …
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CONTINUE READINGCalifornia Court Upholds State Water Board’s Broad Authority to Ban Unreasonable Uses of Water
Ruling is Especially Timely, Given California’s Ongoing and Severe Drought Conditions
I recently wrote about a then-pending court case in which California grape growers were challenging the State Water Resources Control Board’s limits on the growers’ diversion of water from California rivers and streams to provide frost protection for their grapes. That litigation is important because it goes to the heart of the Board’s authority under …
CONTINUE READINGCalifornia Enacts Emergency Drought Legislation
State Water Rights Reforms a Key Part of the Legislative Package
“Never let a good crisis go to waste.” This adage, attributed to Chicago Mayor and former Obama White House Chief of Staff Rahm Emanuel, seems especially apt regarding emergency legislation enacted by California lawmakers and signed into law last weekend by Governor Jerry Brown in response to the worst drought in recorded California history. That …
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CONTINUE READINGThe US wins the latest round in the Casitas saga
In 2008, the Federal Circuit surprised a lot of legal academics by ruling that the Casitas Municipal Water District’s takings claim, which arose from a requirement that the district construct and operate a fish ladder to allow endangered steelhead to pass its diversion dam, should be analyzed using the physical takings test. That didn’t resolve …
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CONTINUE READINGWhat Does Climate Change Mean for Water Rights?
Dan Farber and I, along with Berkeley economist Michael Hanemann, have a new report out on climate change and water rights in California. The report—Legal Analysis of Barriers to Adaptation by California’s Water Sector—was prepared by Berkeley Law’s Center for Law, Energy & the Environment, and it can be downloaded here. The report was released …
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