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University of California, Berkeley (2002)

Managing groundwater quality and quantity in the San Joaquin Valley, California : integrated strategies for protecting groundwater in arid regions

Flay Randolph B

Titre : Managing groundwater quality and quantity in the San Joaquin Valley, California : integrated strategies for protecting groundwater in arid regions

Auteur : Randolph B Flay

Université de soutenance : University of California, Berkeley,

Grade : Master of Science (MS) 2002

Résumé partiel
The following quote from the case of Cline v. American Aggregates, 1 which came before the Supreme Court of Ohio in 1984, reasserts the fundamental need to apply improvements in groundwater science to our institutional and legal arrangements that manage it. The court stated : "Finally, a primary goal of water law should be that the legal system conforms to hydrologic fact. Scientific knowledge in the field of hydrology has advanced in the past decade to the point that water tables and sources are more readily discoverable. This knowledge can establish the cause and effect relationship of the tapping of underground water to the existing water level. Thus, liability can now be fairly adjudicated with these advances which were sorely lacking when this court decided Frazier more than a centwy ago." While California has since 1903 not observed the English Rule of Capture with regards to property rights in groundwater (which was overturned in Ohio by the case above), there is a significant need to move beyond the current system of management which has done little to ensure certainty in groundwater rights and protect groundwater quantity and quality for the long-term. Given the recent effort undertaken to examine the authority of the State Water Resources Control Board (SWRCB) to controlgroundwater/ this is perhaps a suitable occasion to examine how far California has come since the Report of the Governor’s Commission to Review Water Law in California some two decades ago recommended to the state legislature several ·steps for California to . incorporate advances in science into our systems of management.3 The management of groundwater in the western United States has evolved greatly over the past 70 years. States such as Arizona, New Mexico, and Texas have put in place systems that impart expanded regulatory and management activities on the part of state government. In most states, except Texas, common law traditions recognizing the English Rule have been replaced by the correlative and appropriation rights doctrines. These actions have been in response to conditions of overdraft, subsidence, and, in some cases, contamination from nitrates and other contaminants of anthropogenic origin. More recently, interstate compacts and endangered species concerns have required the accurate quantification of all water resources in basins, leading to the quantification of rights and pemnttmg programs.

Annonce (World Cat)

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