Title: The Nature of Water Rights
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Permanent Link: http://ufdc.ufl.edu/WL00001537/00001
 Material Information
Title: The Nature of Water Rights
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Powerpoint Presentation
General Note: Box 8, Folder 7 ( Vail Conference, 1997 - 1997 ), Item 15
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00001537
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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The Nature of Water Rights
The Nature of Water Rights


* Water Rights:
Riparian
Pre-1914
Post-1914
Groundwater


* Area of Origin


* Contract Rights:
Export contracts
Settlement
contracts
Exchange contracts


* SWRCB Regulatory
Authority



I I




- ">--~----">~---~---" ^-

The Nature of Water Rights
I I
Riparian Water Rights:
Based on land ownership
No state permission, direct SWRCB jurisdiction
Unquantified
Share shortages equally among riparians
higher priority than appropriative

Appropriative Pre-1914
Obtained by posting notice, use
No state permission, direct SWRCB jurisdiction
Quantifiable in theory, difficult in practice
Share shortages based on seniority
("First in time, first in right")




-----? -)------ ^-

The Nature of Water Rights
I----"I
Appropriative Post-1914
State permission required (1914 Water
Commission Act)
SWRCB has continuing jurisdiction to amend
permits/license
Right quantified in permit/license
Share shortages based on seniority
Groundwater
Analogous to surface water rights concepts
Subject to local or judicial regulation
No SWRCB authority




--)--------~--->- --

The Nature of Water Rights

Area of Origin Laws
* Reserves automatic seniority against projects
* Potential appropriator must seek permit/license
from SWRCB & satisfy other statutory conditions
* Once an application is approved, Area of Origin
statutes only provide temporal seniority
* Area of Origin appropriation is subject to continuing
jurisdiction, reasonable use, and public trust
regulation
* In lieu of appropriation, Area of Origin applicant
may contract with SWP or CVP






The Nature of Water Rights
I I
Area of Origin Laws

Delta Protection Act

Maintain adequate supplies for Delta and export
needs

Salinity control and adequate water supply in Delta
among CVP and SWP purposes

No person should divert water from the Delta to
which users in the Delta are "entitled"




)------------ -)
California Water Rights

0 Pre-1914 Settlement
o- E.O. Feather River Contracts
Erka* San Joaquin River Pre-1914
0 Exchange Contractors
0 Friant
0 SWP Export
N-~~O CVP/SWP Export
.W, 0 EBMUD
= San Francisco




- ------ -)----->---

The Nature of Water Rights

Contract Rights
Export Contracts
Water Service contracts between CVP & SWP and their
exporters
Friant Division contracts

Water Rights Settlement Contracts
Between CVP and senior Sacramento River water users to
settle water rights issues to facilitate building CVP
Include "base" supply, based on contractor's asserted pre-
existing water rights and supplemental CVP supply
Provide 100% of total contract supply except in very dry years
Contracts expire in 2004
SWP has similar contracts with 3 entities on Feather River




- ^---------)-------->-

The Nature of Water Rights

Contract Rights

San Joaquin River Exchange Contractors
Between CVP and 4 senior water users on the San Joaquin
River to facilitate building Friant Division
Exchange contractors forbear use of San Joaquin River water,
receive Sacramento River water through CVP instead
Provide 100% of supply except in very dry years, when
reduced to slightly more than 75%
If CVP fails to deliver water per contract, Exchange
Contractors are entitled to water from Friant Division
Contracts are for permanent service, but may be renegotiated
every 5 years




- "--------- ^-----~--

The Nature of Water Rights
I I

SWRCB Regulatory Authority

Continuing jurisdiction over post-1914
permits/licenses
Public trust jurisdiction over all water rights
holders and contractors
Public interest/reasonable use jurisdiction over all
water rights holders and contractors
SWRCB has authority to allocate Bay-Delta flow
requirements among all users




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