Water & Justice
Illustration of a gold mining claim in the Sierra Nevada.
To mobilize water for human use, our society grants property rights to use water. No one is allowed to hoard or possess it because of its intrinsic properties and its necessity to all life and economic activity. The rights to use water also carry obligations to other water right holders, particularly not to harm the rights of other water right holders and not to harm the environment.
This is not a river: California Aqueduct near Byron.
"Paper water" is the idea that government has promised more in rights to water than there is water that flows in Nature's rivers and streams in California. There is far more water "on paper" than there is in California's water ways.
The fact that this discrepancy has languished for decades is a sign of magical thinking on the part of water industry officials and regulators in California.
In November 1928, California voters approved Proposition 7, amending the California Constitution to prohibit waste and unreasonable use and diversion, and method of diversion of water in California. Prop 7 passed by over a 3 to 1 margin among those voting.
It won in every county of California. It came about in part because of drought conditions that affected California during the 1920s, and because of major California supreme court decisions affecting water rights (the Antioch case and the Herminghaus case).
California's state capitol
C-WIN exists to enforce existing water and environmental laws California already has on the books. If the laws we have were enforced properly, we believe many problems vexing the Delta and other places in California could be solved—and the sooner we get on it the better!
“By the law of nature these things are common to mankind – the air, running water, the sea, and consequently the shores of the sea.” —Emperor Justinian, 530 AD
Friant Dam looms along the San Joaquin River northeast of Fresno.
Once the public is notified of a water right petition, the California Water Code provides the public and interested water right holders an opportunity to protest granting of an application for a water right.
Learn about C-WIN's Water Rights Action Program.
The Los Angeles Aqueduct bringing Owens River water to Los Angeles from 250 miles away.
California's area of origin statutes were born in the crucible of conflict between residents of Owens Valley and the City of Los Angeles in the early 20th century. This struggle reached its nadir when some deeply frustrated residents seized the Alabama Hills diversion gates for the Los Angeles Aqueduct and later detonated a bomb that severed an Aqueduct pipeline in 1927.
Somehow, this episode eclipses even Mark Twain's apocryphal quote about fighting, drinking, water, and whiskey. This is hardball, the likes we haven't seen, since the actions of desperate Valley residents.
Shasta Reservoir, a key source of water for water transfers south of the Delta
Water transfers are often characterized as a "flexible" way to ensure that water-short water agencies get supplies they want. Water transfers are premised on the existence of a "water market" in which trades or exchanges of money for access to water supplies are arranged.
At the California Water Impact Network, we view water transfers as an troubling method for undercutting the state's water rights system and keep pressure up on California's rivers, streams and aquifers. Transfers help ensure that water "flows uphill to money" by giving legal to large amounts of capital in water allocation decisions, especially in dry years.