The Hodge approach is the best solution to California’s water disputes
Overview California water law has significantly evolved since the state first constitutionalized the doctrine of riparian rights in 1928. Although the article X, section 2 principle of reasonable and beneficial use remains the backbone of California water law, the law has shifted away from priority rights and toward prioritizing efficiently exploiting water sources to their “fullest extent.” Priority rights are still an important factor courts consider in dispute resolution, but courts now increasingly recognize how the limited availability of California water sources forces the law to match the volume of a water right to its reasonable and beneficial use. The...
