The Smartest Water Expert In California

I think that the smartest water expert in California is Chuck Rich. He used to head up the Complaints Unit at the State Water Resources Control Board. Before I get jumped on because one of 200 other people is someone else’s top water expert, let me explain why.

Chuck is not an attorney but he worked with many hundreds of them, and thousands of diverters and water agencies over his career. He had to – complaints came from every part of the State from small diverters up to the largest water agencies. Chuck is eloquent and effective in explaining the application of water law and likely outcomes of arguments over water rights. He can explain water rights to anyone, at their level of understanding. That ability to apply and clearly explain water rights is what moves Chuck to the “smartest” category in my estimation.

For an example, see “Riparian Rules” in the next post. This is the shortest, most complete, and effective explanation I have ever seen. Sure there is more to riparian rights, but this is the meat of it.  (Any mistakes in the text or how it is displayed are mine, not Chuck’s.)

Whenever I am asked, “Yeah but, where is it written how much my riparian right is??”, I refer them to our state Constitution, Article 10, Section 2. Note the phrases “riparian rights” and “reasonable and beneficial use”:

CALIFORNIA CONSTITUTION
ARTICLE 10 WATER

SEC. 2. It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner’s land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled. This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.

Water Rights – Why Do They Exist? Which Kinds Are There?

Why is there such a thing as water rights? Water is something everyone needs. Except maybe W.C. Fields; he tried to stick to alcohol and when offered water said, “Can’t stand the stuff.” Anyway, water is a shared resource, and in some places there isn’t enough for what people need (or at least want).

California is mostly desert where people live and where food is grown. Water is scarce when it comes to all desired uses. Even in a wet year, surface water flows decrease through the summer and fall.

If you did not have enough water, how would you get it? Use more from the city, buy it from the water district, drill a well, truck it in, or dig a ditch from a creek or river. No matter how you get it, in California it got to you under some kind of right.

What kind of surface water rights are there? The simple list is, and I am sure this leaves out a few:

  1. Riparian – a parcel that touches a stream, spring or lake may use a ” reasonable and beneficial” amount, quantity and rate undefined, per the California Constitution, Article X, Section 2
  2. Rancho rights granted by the government of Spain or Mexico, prior to Statehood in 1850
  3. Pueblo rights, the one belonging to Los Angeles being famous
  4. Appropriative in 1913 and prior, aka “pre-1914”, for parcels not touching a body of water, which started with gold mining and is now mostly for agriculture, environmental, and urban/industrial uses
  5. Appropriative post-1914, issued by the State Water Resources Control Board
  6. Adjudicated, or decreed, from Federal District or State Superior Court
  7. Groundwater from a well, similar to surface water riparian but for the overlying land
  8. Prescriptive, which isn’t a definite right until decreed by a court
  9. Contracts, which are not rights but rely on some already-existing right

That’s useful to know even in summary form. Of course there are books, court cases, both in the thousands, and the California Water Code, and interstate compacts that more particularly define what these are.

Which are better or “senior” rights? That’s for later posts.

All Water Rights, California

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