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2 Environs 1 (1977-1978)

handle is hein.journals/environs2 and id is 1 raw text is: Volume 2,,Number 1 Autumn 1977 ENVIRONS, a non-partisan environmental law/resources newsletter published by the Students of King -all School of Law, and edited by the Environmental Law Society, tJniversity of California, Davis. The views expressed herein are those of the authors and do nflt reflect the position of the University of California School of Law or of the Environmental Law Society. Submission' of C.omments, Letters to the Editor and Articles is encouraged. We reserve the right to edit and/or print these materials. Editorial Staff Deidre Bainbridge Kathi Beaumont Christy Bliss Mike Boli Woody Brooks Anthony Cermak Sandra Clark Bill Cunningham Joel Diringer Debbie Driggs Karen Ehler Chris Elms Martha Fox Eric Gelber Robert Gendreau Patricia Harbarger 'Suxi Harmatz Dee Hartzog Sam Imperati Bruce Klafter Jim Poindexter Ed Prendergast Barbara Rogers Lew Ross Donald Segerstrom Rick Tomoda Bruce Waggoner Joan Watt Special Acknowledgement Harrison C. Dunning Faculty Adviser A special thanks to Gail Arnold for 'her painstaking preparation of the mailing list for ENVIRONS. IN - I, -;'C ' IE U,,I -c-' I ~ r -I r A governor 's commission on water rights The Governor's Commission To Review California Water Rights'Law was created May 11, 1977, by Executive Order. The Commission's mandate is to review California water rights law, to evaluate issues arid proposals for changes in -the -law, and to recommend appropriate legislation in an advisory report to the Governor. Thesix topics. selected by the Eommission ior- intensive-.eview are: (-1) -the pior appropriation system -for. surface water, 2y) groundwater rights, (3). the legal aspects of water.conservation, (4) riparian rights, (5) transferability of water-rights, and. (6) instrearn water uses. For each topic a background paper is prepared which reviews the law and identifies issues. Formal consideration of each topic is initiated b9 a public workshop, allowing for public input and dialogue with the members of the Commission, various experts, and other interested agencies or associations. Three papers have been published so far, authored by staff attorneys. The remaining topics will be covered in papers to be published in the next three or four months. Actual proposals or draft legislation have not yet been released. The three topics covered so far are the prior appropriation system, groundwater-rights, and-Jegaf aspects-of-water-conservation. ApproprativeightsTo.Surface Water Appropriatioir-ofwateris the-capture or diversion of publicdomain water and-its application to the beneficial use of the appropriator, to the exclusion of all other persons, to the extent of water appropriated. .- California has a statutory method for acquiring appropriative rights to use-surface water and water in -subterranean streams flowing through known and definite channels. Priorto.1914,.appropriative rights were obtained on a showing of f'first come, first served so long as the user demonstrated Auediligencein the reonable.nd Jenef icial use of the water. - .... Appropriative rights can be lost in several ways. A right may be lost if (continued to.page 10)

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