Water is essential for life, and in California, managing water rights is a complex and important task, especially during droughts. This guide explains the basics of California water law, focusing on the different types of water rights, how they are managed, and the specifics of El Dorado Irrigation District's water rights.

What Are Water Rights?

Water rights in California are the legal permissions to use water from a source, such as a river, stream, or groundwater. While all water in the state belongs to the people of California, individuals and organizations can acquire the right to use it.

There are two main types of water rights: riparian and appropriative.

Riparian Rights

Riparian rights are based on old English law and were adopted in California after it became a state in 1850. They allow landowners to use water from sources that flow through or next to their property. This usage must be reasonable and beneficial, serving a useful purpose without wasting water.

Riparian rights are shared equally among all riparian landowners, ensuring that no one uses more than their fair share. These rights are inherently tied to the ownership of the land adjacent to the water source. This means if you own land next to a river, you can use that water, provided your use doesn’t interfere with your neighbor's correlative rights. These rights cannot be transferred separately from the land.

Appropriative Rights

Appropriative rights operate on a first-come, first-served basis, established by the doctrine of prior appropriation in 1855. This principle, known as "first in time, first in right," means those who first used the water have senior rights over later users.

Unlike riparian rights, appropriative rights are not tied to land ownership next to the water source but are defined by applying the water to beneficial use. This includes domestic, agricultural, or industrial purposes. Appropriative water rights can be lost if not beneficially used for extended periods, emphasizing the "use it or lose it" rule. Moreover, appropriative rights can be transferred to others, providing flexibility in water management.

Evolution of Water Rights

California’s growth has paralleled the evolution of its water rights system. After becoming a state in 1850, California adopted riparian rights, similar to Eastern states. However, during the Gold Rush, when the State’s population began to substantially increase, as did conflicts between water users, miners developed appropriative rights based on the principle of "first in time, first in right." This system allowed water use based on physical control and beneficial use without regard to land ownership. As a consequence, water could be diverted and conveyed from its source to where it was needed—sometimes long distances away.

Conflicts between water users, including those with riparian and appropriative rights, have persisted since then, reflecting the complex nature of California’s water rights.

Modern Administration of Water Rights

In 1914, the Water Commission Act established a formal process for acquiring water rights, involving applications, permits, and licenses. This act also created a state agency, now known as the State Water Resources Control Board (SWRCB), to manage and oversee water rights, including handling conflicts and changes.

In 1928, the people of California amended the California Constitution to declare that the right to use water is limited to the amount reasonably required for beneficial use, and such rights prohibit the waste or unreasonable use of water.

The SWRCB plays a vital role in California's water management, ensuring that water use is efficient and beneficial. Beneficial use, a key term in water law, means using water in a way that benefits society, such as for drinking, farming, or generating power. Beneficial uses include irrigation, recreation, hydroelectric power, residential and industrial needs, and protection of fish and wildlife. The priority date of a water right, which is the date when the right was established, determines its seniority. This is important during times of scarcity when junior rights holders must yield to those with senior rights.

Pre-1914 and Post-1914 Appropriative Rights

California recognizes two categories of appropriative rights: pre-1914 and post-1914.

Pre-1914 appropriative rights were established before the Water Commission Act of 1913 and are, therefore, not subject to the jurisdiction of the SWRCB. These rights are considered more robust because they can be changed in terms of purpose, place of use, or point of diversion without SWRCB approval, as long as they do not harm other legal users of water.

Post-1914 appropriative rights, however, require a permit from the SWRCB and are more strictly regulated. 

All water rights, including pre-1914, post-1914, and riparian are subject to the Constitutional prohibition against waste and unreasonable use and all right holders must report their use annually to the SWRCB.

Public Trust Doctrine and Beneficial Use 

In addition to the Constitutional requirement that all water use be "reasonable and beneficial," the public trust doctrine ensures that certain natural resources, such as rivers and lakes, remain available for public use and are protected by the state. This doctrine, as adopted by the California Supreme Court, mandates the state to safeguard these resources for public and recreational uses, such as fishing, swimming, and boating.

Groundwater Rights

Groundwater rights differ from surface water rights. In most areas of California, overlying landowners can extract percolating groundwater without SWRCB approval. However, groundwater use in some basins is regulated by court decrees.  Additionally, state law requires that groundwater basins be managed sustainably by locally created groundwater sustainability agencies.

EID’s Water Rights

EID holds a variety of water rights (with priority dates as far back as 1852)—all of them from surface water sources—reflecting its long history of water management.

EID's water rights portfolio includes significant allocations such as 15,080 acre-feet per year from the South Fork American, 23,000 acre-feet per year from Sly Park Reservoir, 7,550 acre-feet per year from the Central Valley Project (Folsom), 4,560 acre-feet per year from the Ditch/Weber Dam (Folsom), and 17,000 acre-feet per year from Permit 21112 (Folsom).

In total, EID manages 67,190 acre-feet of water annually. For context, an acre-foot is a volume measurement used in the U.S. to quantify large-scale water resources, equivalent to about 326,000 gallons, or enough water to cover one acre of land one foot deep.

Challenges and Opportunities

EID faces both challenges and opportunities in managing its water rights. One significant challenge is ensuring a sufficient water supply during droughts while navigating legal and regulatory requirements.

Maintaining adequate infrastructure to manage and distribute water effectively is another ongoing concern.

However, there are also opportunities, such as selling excess water through “transfers.”  These transfers can generate significant revenue but must not harm other legal water users or the environment.

For instance, in 2015, EID sold approximately 2,500 acre-feet of water at $700 per acre-foot, generating about $1.8 million. In 2018, another sale of 1,500 acre-feet at $350 per acre-foot brought in approximately $556,000.

Drought, Conservation, and Climate Change

California’s water rights system faces increasing scrutiny as climate change brings longer and more severe droughts. During droughts, there is sometimes more demand state-wide than supply.  Thus, conserving water becomes critical. In California, regulations ensure that water is used efficiently. For example, during the 2015 drought, Governor Jerry Brown mandated a 25 percent reduction in urban water use across the state. The SWRCB enforces such rules, issuing curtailment notices that limit water use when supplies are low. These regulations aim to protect public and environmental interests, ensuring sustainable water management.

Water experts, lawmakers, environmental groups, and tribes are advocating for various reforms. The SWRCB has pursued greater oversight of senior water rights, especially those claimed before 1914 since they are subject to less state regulation. In 2023, Governor Gavin Newsom signed Senate Bill 389, granting the water board more authority to investigate water diversions and punish violators as trespassers.

Balancing Competing Interests

Mark Twain is often attributed to writing, "Whiskey is for drinking; water is for fighting over." Whether or not Twain wrote this does not diminish how succinctly it highlights the vital importance and often contentious nature of water management in California.

Understanding and managing water rights is essential for ensuring a sustainable water supply. El Dorado Irrigation District, with its extensive portfolio of water rights, works diligently to balance the needs of its customers with environmental and regulatory requirements.

With reinvestment every year into its vital infrastructure, EID plans for water supply resilience for another century and beyond.