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Advocate: Watch your water rights; Nonprofit founder warns ‘beneficial use,’ other terms could be redefined

Posted by: Maven on December 25, 2008 at 8:25 am

From the Capital Press:

An escalating competition for California’s limited water supply could cause a redefinition of water rights and a host of lawsuits, a private property rights advocate contends.

The outcomes from such environmental initiatives as Delta Vision, the Bay Delta Conservation Plan and others could also increase pressure to send more Northern California water south, asserts Susan Sutton, of Maxwell, who helped found a nonprofit organization that assists families with water rights issues.

In a newsletter essay last week, Sutton zeroed in on statements in a recent primer by the Legislative Analyst’s Office that the “reasonable use” requirement under the state’s water rights system should be updated to reflect the scarcity of resources. “It is in the interest of the state to undertake a concerted effort to realign the water rights system to better reflect modern needs and circumstances,” reads the primer, published in October. “For example, this could be done by accounting for the potential for water conservation and water use efficiency in managing water rights.”

Sutton argues that if the legislature were to try to redefine “beneficial use,” its definition might well favor urban areas to the detriment of agriculture and other rural rights holders, particularly in the north. “I think the net-net is it’s all going to end up in the courts,” Sutton said in an interview. “It’s all going to end up in lawsuits.

“We want to do our part” to conserve water and protect fish, she said. “But we also want to do what we can do to protect our water rights.”

Read more of this article from the Capital Press by clicking here.

December 25, 2008 · Filed Under Water Rights

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