My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
PUB00109
CWCB
>
Publications
>
Backfile
>
PUB00109
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
5/14/2010 8:58:17 AM
Creation date
9/30/2006 10:18:55 PM
Metadata
Fields
Template:
Publications
Year
1995
Title
Califormia Water
CWCB Section
Interstate & Federal
Author
Arthur L. Littlewort
Description
History, overview, and explanation of water rights and legislation of California
Publications - Doc Type
Historical
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
383
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
<br />Supp. 1994). Such districts regulate many aspects of groundwater <br />extraction, use, and export. <br />Groundwater management districts. Recently the legislature <br />authorized the formation oflocal groundwater management districts <br />under "AB 3030." Water Code ~ 10752 et seq; Stat. 1992, ch. 947. This <br />authority is now being wideiy implemented. It remains to be seen, <br />however, whether this approach will produce effective groundwater <br />management and whether it will silence those who seek a statewide <br />permit system for groundwater pumping. Any local agency whose <br />service area includes a groundwater basin or portion of a ground- <br />water basin that is not subject to groundwater management, pur- <br />suant to a judgment or other statute, may adopt or implement a <br />groundwater management plan. Water Code ~ 10752 et seq. Additi- <br />onally, a local agency that does not provide water service but pro- <br />vides flood control, groundwater quality management, or groundwater <br />replenishment may also implement a water management plan. <br />Water Code ~ 10753. <br />A groundwater management plan may include components <br />relating to the control of saline water intrusion, the regulation of the <br />migration of contaminated groundwater, mitigation of conditions of <br />overdraft, and the replenishment of groundwater extracted by water <br />producers. Water Code ~ 10753.7. However, these statutes do not <br />authorize the local agency to make a hinding determination of the <br />water rights of any person or entity. Water Code ~ 10753.8(b). <br />Neither does the statute authorize the local agency to limit or sus- <br />pend extractions, unless the local agency has determined that <br />groundwater replenishment programs or other alternative sources <br />of water supply have proved insufficient or infeasible to lessen the <br />demand for groundwater. Water Code ~ 10753.8(c). <br />The question of whether the state has preempted the field of <br />groundwater regulation was raised in connection with a Tehama <br />County ordinance. The court upheld the county's authority to regu- <br />late the pumping and use of groundwater under its police power, <br />finding that state law did not preclude local regulation. Baldwin v. <br />County of Tehama (1994) 31 Cal.App.4th 166. <br /> <br />Prescriptive Water Rights <br /> <br />Introduction. A prescriptive water right is a permanent right to use <br />water acquired when the essential elements for adverse use are <br />met. To obtain a prescriptive water right in California, the use of <br />nonpublic water must be for a reasonable and beneficial purpose <br />(Cal. Const. art. X, ~ 2), open and notorious, adverse and hostile, <br /> <br />"AB 3030"-Local groundwater manage- <br />ment authority <br /> <br />Water rights may be established by pre- <br />scription. <br /> <br />Chapter 2 Water Rights in California 57 <br />
The URL can be used to link to this page
Your browser does not support the video tag.