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Water & Justice

California Water Rights Primer

Illustration of a gold mining claim in the Sierra Nevada.

Drawing of Gold Rush Mining Claim - California State Library
Courtesy of California State Library.

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.

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Paper Water

 

This is not a river: California Aqueduct near
Byron, Contra Costa County.

California Aqueduct Sign.JPG

Photo by Tim Stroshane.

"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. 

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Water Waste and Unreasonable Use and Diversion

StateConstitution.jpg

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 the state. 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).

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Other Environmental and Water Laws

 

California's State Capitol.

Sacramento-state-capital-house1.jpg
Courtesy of watersecretsblog.com.

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!

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