It has been overtaken by an increasing demand coupled with a diminishing provide of water. All of this has been exacerbated by a 19th Century authorized system of current water rights that’s not up to the duty of pretty and effectively allocating current provides between the competing pursuits. The California political system has proven incapable of finding an answer and federal environmental legislation has added an rigid straight jacket to the present gridlock.No one seriously doubts that if options can’t be found quickly the economic and societal costs shall be huge. In the absence of effective laws, the conflicts over the allocation of water are being resolved within the courts which must apply the laws as they find them. This is proving to be contentious, expensive and uncertain.This article explores the problem, non-judicial options, and the judicial challenges that will lead to conflicts between the common public trust doctrine, established …

It has been overtaken by an increasing demand coupled with a diminishing provide of water. All of this has been exacerbated by a 19th Century authorized system of current water rights that’s not up to the duty of pretty and effectively allocating current provides between the competing pursuits. The California political system has proven incapable of finding an answer and federal environmental legislation has added an rigid straight jacket to the present gridlock.No one seriously doubts that if options can’t be found quickly the economic and societal costs shall be huge. In the absence of effective laws, the conflicts over the allocation of water are being resolved within the courts which must apply the laws as they find them. This is proving to be contentious, expensive and uncertain.This article explores the problem, non-judicial options, and the judicial challenges that will lead to conflicts between the common public trust doctrine, established …