Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
1977 Not everybody is unhappy about water laws right now. Who is happy? |
Those with Senior water rights |
|
|
__ water with technology are water hogs. |
Silica Valley |
|
|
Who should you blame?
|
the 49ers. Came from all over the world because thought they'd find gold. They were changing the landscape. Washing mountainsides away. |
|
|
___ 1800s. Under Mexican law, cities have right to beneficial use of all needed water from entire watershed of the stream flowing through the pueblo. Water must be used within the city limits. Water can be expanded as city grows. San Diego & LA. Both have this. |
Pueblo rights |
|
|
Mexican-American War. President Polk & Manifest Destiny. Coupled w/ skirmishes along the Rio Grande. U.S. won 1848 & had an army camped on the outskirts of Mexico City. |
k |
|
|
1848 ___ All property rights (water too) under Mexican law are protected. |
Treaty of Guadalupe Hidalgo |
|
|
Gold was discovered in January 24, 1848. Treaty was signed 2 weeks later. Took a year to confirm gold (because false before). |
how sad |
|
|
U.S. sends small military to get control. Thousand miners show up. Overwhelming and lacked laws to enforce. Gold miners worked in legal and societal vacuum & took whatever they needed. Their actions preceded laws & later laws were cobbled together to address the situation. |
l |
|
|
In ___ CA becomes a state & develops a cobbled constitution that is somewhat problematic & unwieldly. What's wrong with it? |
Done too quickly so lengthy & lacks. |
|
|
__ refers to the idea that if you own a beach-front property, you own rights to that water. |
Riparian Rights |
|
|
__ refers to idea that the first appropriator holder in a stream system is entitled to use all the water they have historically used before the second appropriator receives any. (If you got it and have a reason you can take it). They have higher priority. Can divert rivers & streams & bring water to where they need it. |
Appropriative rights |
|
|
Groundwater unregulated. Most miners went broke & went home, but many went to farming. |
k |
|
|
1855. CA Supreme Court addresses appropriated water rights. |
k |
|
|
From 1850-1914, water was regulated by the ___, NOT the legislature. We had no water laws. |
courts |
|
|
Judges ended up relying on "customary water rights practices" rather than laws. |
For decades, the governing bodies of the U.S. & CA ignored the events transpiring on the public lands of CA. Government ignored problem. |
|
|
1877 Constitution modified. Added ___ which was significant because it was the 1st time water was added as a title. |
Article X (10); |
|
|
Legislative creates CA conservation Committee to evaluate resources of CA. Opined on danger of water monopolies & received push back to any changes in the status quo. People who controlled water were happy. Those who didn't weren't. |
kkkk |
|
|
1911 prop __ to amend CA constitution to create right of __ initiative (to put stuff on ballot). Prop __ gave women right to vote. |
Prop 7; ballot initiative; Prop 4; |
|
|
1914 CA pushed ___ enacting "Water Commission Act" led to "Water Code" "The People" decided on regulatory & permit system was needed. |
referendum; |
|
|
CA had no statutory system for regulation of water rights until ___. Before then, you could just declare water was yours. |
1914; |
|
|
1928 initiative process changed Article X "water" to require water use to be ___. |
Reasonable |
|
|
Don't worry, for surface water, we have seniority. |
Urban places. Farms would shut down before we would be without water. |
|
|
Do people own water? |
Not really. You ACQUIRE the right to use. |
|
|
____ Doctrine. Goes back to Roman law. Legal theory. There are people who will try to tax you to breath. Same with water/sea. No one can have a monopoly on these. 1970s Berkeley. Changed concept to focus on this. 1st court case was 1821. |
Public Trust Doctrine |
