Recently, NASA scientists warned that drought-stricken California may only have a year’s worth
of water left.
For the past few years, city-dwellers and farmers have been asked to make substantial
cuts in their water usage.
But as water availability becomes scarce and the state begins to restrict water rights,
we wanted to know, who actually controls California’s water?
Well, according to the California Constitution, all the water in the state belongs to the
public.
However it is up to the state to issue permits and licenses for use of that water.
These permits regulate how much water can be used, as well as what constitutes a “beneficial
use”.
In fact, the state has the right to fine water owners if they don’t use the water efficiently.
Water rights in the United States usually fall into two categories of ownership.
Historically, priority has been given to those who own the land touching the water.
This is called Riparian rights and has been the most common system in use for allocating
water across the Eastern United States.
However, in the West, during the Gold rush, miners needed water supplied to areas far
away from any water-bordered land.
Thus, the West began giving out water rights through a system called “prior appropriation”.
This means that water rights are granted based on who actually used the water first, regardless
of whether or not they own the land in question.
Additionally, if you don’t use your water within a certain length of time, you lose
your right to it.
Currently California is one of the few states which relies on both Riperian and Prior Appropriation
to control water usage.
The concept of prior appropriation has caused problems as the amount of available water
dwindles.
Just north of California, in Oregon, the Klamath River is regulated through prior appropriation.
Along its tributaries are cattle ranches dependant on a steady supply of river water.
However, a recent state ruling decided that the Indian tribe that originally lived on
the land has priority over the water.
Following this ruling, the tribe asked regulators to allocate more water for their lake.
Ranchers have been forced to turn off their water, and find new places for their cattle.
In California, similar issues have been popping up while the state battles it’s worst drought
in a millenium.
As the water supply dwindles, the question of who gets priority to use the public’s
water supply, and the best use for that water, are becoming increasingly important.
Water is essential to civilization, but access is not always as easy as it might seem.
To learn more about water as a human right, take a look at our video here.
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