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45 U.C.D. L. Rev. 809 (2011-2012)
The Rebirth of California Fish & Game Code Section 5937: Water for Fish

handle is hein.journals/davlr45 and id is 815 raw text is: The Rebirth of California Fish &
Game Code Section 5937:
Water for Fish
Karrigan S. Barke, Joseph F. Krovoza, Jacob V. Katz*, and Peter B.
Moyle***
TABLE OF CONTENTS
INTRODUCTION          ....................................... ........ 811
1. HISTORY OF THE MINIMUM FLOW REQUIREMENT ......         ...... 817
A. Early History of the Minimum Flow Requirement: 1852
to 1917................................... 817
B. Early Implementation and Enforcement of the Minimum
Flow Requirement.      .......................      ..... 824
II. PRIMARY IMPEDIMENTS TO IMPLEMENTATION AND
ENFORCEMENT OF THE MINIMUM FLOW REQUIREMENT........... 826
A. California's Water Law      ..................       ....... 828
1. Limits on Water Use: Riparians, Reasonableness,
and the Constitutional Amendment............ 829
2. Acquisition of Water Rights .............      ..... 832
B. Early Water Board Hearings      ................   ..... 833
C. Growing Federal Concerns      ...............       ....... 838
Copyright © 2012 Karrigan S. Berk, Joseph F. Krovoza, Jacob V. Katz, and Peter
B. Moyle.
. J.D., Stanford Law School (2009); Ph.D in Ecology, UC Davis (2011). 1 would
like to thank Dave Owen, Richard Roos-Collins and Brian Gray for their comments on
earlier drafts of this article. I would also like to thank my family for their support
throughout the writing process.
 J.D., UC Davis School of Law. Mayor of Davis, California; Senior Director for
Development for the UC Davis Energy Efficiency Center and Institute of
Transportation Studies.
' Ph.D. candidate in Ecology, UC Davis Center for Watershed Sciences &
Department of Wildlife, Fisheries and Conservation Biology.
 Associate Director, UC Davis Center for Watershed Sciences. Professor of fish
biology, Department of Wildlife, Fish, and Conservation Biology, UC Davis.

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