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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