Water Rights Light: Regulation to Prevent Waste and Unreasonable Use

Article X, section 2 of the California Constitution, which prohibits waste and unreasonable use of water, is a basic principle of California water rights law, providing broad, but flexible authority for the state to regulate water diversion and use. Until recently, the doctrine has been applied relatively infrequently, and on a case-by-case basis. Two significant developments in 2014 and 2015 may change that: The first is the District Court of Appeal’s opinion in Light v. State Water Resources Control Board, upholding the State Water Resources Control Board’s Russian River frost control regulations. The second is the State Water Resources Control Board’s adoption of drought emergency regulations. The panel will discuss these developments and their implications for water management and protection of instream beneficial uses in California.

1.5 hours MCLE