Laserfiche WebLink
<br />Groundwater Law <br /> <br /> <br />California, like most arid Western states, has a <br />complex system of surface water rights that accounts <br />for nearly all of the water in rivers and streams. <br />Riparian rights are held by those with property <br />bordering streams, while appropriative rights are held <br />by those who have a claim to divert and use water <br />away from the source. The State Water Resources <br />Control Board (State Board) administers the permit <br />system governing appropriative water right holders. <br /> <br />In more recent years, most Western states have <br />established surface-like rights for groundwater - <br />defining and dividing a given supply for use as the <br />water right holder sees fit. But in California, the only <br />truly universal law governing pumping is the state <br />constitutional mandate that water not be wasted or <br />put to an unreasonable use. <br /> <br />Defining groundwater rights in the West has never <br />been easy. From a physical standpoint, groundwater <br />is more difficult to observe and quantify than suriace <br />water, which discourages government regulations <br />where it is not essential to solving immediate and <br />serious problems. From a political standpoint, the <br />freedom to pump without restriction - rooted in <br />tradition - has been difficult to alter. <br /> <br />The guiding principle, in contrast with the central- <br />ized state-controlled surtace water rights, is that with <br />groundwater, geography is complex, so decision <br />making is best left to local officials. That principle, <br />however, is coming under increasing scrutiny as Cali- <br />fornia progresses further away from an era when <br />water supplies were expanded to meet all needs and <br />into an era in which existing supplies are carefully <br />managed or reallocated to meet growing needs, Most <br />state officials favor local control. <br /> <br />Most Western states I/(I\'e separate laH's <br />governillg the use ofgmw/(hraler awl <br />sw/ace H'mO: !-Iowe\'e1: California alld <br />Texas, \\'hidz COI!Sll11ll' more !!,rOlmdH'oter <br />,han allY o,her state, are the only Iwo <br />states withO//l comprehensh'e, stateH'ide <br />gmllluhnJter regulations, <br /> <br />7 <br /> <br />