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Each year San Diego Law Library features a topic of interest and utility to the community.
This year we showcase Water Law.
Water is key to our very way of life. It is vital for cultivation of crops and livestock. It's a vital recreational environment. Without a source of water, our way of life drastically changes.
Accordingly, the allocation of water becomes important legally. We live near a vast ocean. We have access to various rivers and lakes. How is all of this reflected in our legal system? How do we cope, legally and through regulation, with drought conditions?
This guide serves to introduce the reader to the broader topics and resources that address water, its allocation, and related issues. We hope it will serve as a springboard to further interest and research.
Water is negotiated, allocated, regulated, and litigated in many ways, There are three main doctrines, and knowing the names of the doctrines will assist you in your research, particularly if you are researching historical uses and allocations of water.
Riparian rights - the rights of those who have land that borders water, and the allocation of these rights.
Prior Allocation - a concept that gives weight to the notion that the first person or entity who began use of the water has preferred use.
Hybrid - a blend of Riparian and Prior Allocation Doctrines.
This guide provides assistance in locating legal resources for topics related to water law.
Disclaimer: This guide is not intended as a substitute for doing your own research. We cannot guarantee that this information will meet your needs because laws and procedures frequently change, and because some skill is needed to adapt the forms to fit your case. To obtain legal advice, or for help in adapting the forms to your situation, consult an attorney.