Laserfiche WebLink
<br />BuJletin 160-98 Public Review Draft <br /> <br />003~fj3 <br /> <br />Appendix 2A. Institutional Framework for Allocating <br />and Managing Water Resources in California <br /> <br />Appendix 2A. <br />Institutional Framework for Allocating and <br />Managing Water Resources in California <br /> <br />~ <br />I <br /> <br />In California, water use and supplies are controlled and managed under an intricate <br />system of federal and state laws. Common law principles, constitutional provisions, state and <br />federal statutes, court decisions, and contracts or agreements all govern how water is allocated, <br />developed, or used. All of these components, along with the responsible State, federal, and local <br />agencies, compose the institutional framework for allocation and management of water resources <br />in California. <br /> <br />This appendix presents an overview of Cali fomi a's institutional framework for managing <br /> <br />water resources in California, highlighting some of the more recent changes. Summarized here <br /> <br /> <br />are major constitutional requirements, statutes, court decisions, and agreements that form the <br /> <br />groundwork for many water resource management and planning activities. Changes since the <br /> <br />publication of Bulletin 160-93 are covered in Chapter 2. <br /> <br />Allocation and Management of California's Water Supplies <br /> <br /> <br />The following subsections condense basic water rights laws and doctrines governing <br /> <br /> <br />allocation and use of California's water supplies, <br /> <br />California Constitution Article X, Section 2 <br /> <br />The keystone to California's water law and policy, Article X, Section 2 of the California <br /> <br /> <br />Constitution, requires that all uses of the State's water be both reasonable and beneficial. It places <br /> <br /> <br />a significant limitation on water rights by prohibiting the waste, unreasonable use, unreasonable <br /> <br /> <br />method of use, or unreasonable method of diversion of water. <br /> <br /> <br />Riparian and Appropriative Rights <br /> <br />California operates under a dual system of water rights for surface water which <br /> <br />recognizes both the doctrine of riparian rights and appropriative rights. Under the riparian <br /> <br /> <br />doctrine, the owner of land has the right to divert, but not store, a portion of the natural flow of <br /> <br /> <br />water flowing by his land for reasonable and beneficial use upon his land adjacent to the stream <br /> <br /> <br />and within its watershed, subject to certain limitations. Generally, all riparian water right holders <br /> <br /> <br />must reduce their water use in times of water shortages. Under the prior appropriation doctrine, a <br /> <br />person has a right to divert, store, and use water regardless of whether the land on which it is <br /> <br />I <br />11 <br />f' <br />I <br /> <br />2A-l <br />