EVR 4930 Lecture Notes - Lecture 4: Hydraulic Mining, Central Valley Project, Westerlies
Document Summary
Each state/territory has a slightly different system. If they don"t need/use it any more then they lose the right. Claiming a resource: they wanted to settle the west so giving people the opportunity to claim things gave the people an incentive to go. Indefinite right as long as water is used. Prevailing westerlies cover the east half of the us. English common law: you can do what you want on your land as long as it does not affect others, ie don"t use all the water. State is only the guardian of the water. 5 water management districts control different regions of the state. Permits are required: also includes ground water. 3 part test: reasonable beneficial use, based on societal preference, does not conflict with current legal use, much like prior appropriation, consistent with public interest, highly judgment based, (unofficial 4th part) - may not harm environmental systems.
