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Water Law

Golden Gate University School of Law

2016

Sustainable Groundwater Management Act; SGMA; City of Barstow v. Mojave Water Agency; Mojave Rule; common law water rights;

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The Golden Rule* Of Water Management, Russell M. Mcglothlin, Jena Shoaf Acos Jan 2016

The Golden Rule* Of Water Management, Russell M. Mcglothlin, Jena Shoaf Acos

Golden Gate University Environmental Law Journal

California follows a “Golden Rule” of water management, which requires management of the state’s water for maximum beneficial use. This principle is codified at Article X, Section 2 of California’s Constitution. However, the Golden Rule has a qualifier—an asterisk—which requires that water management “preserve water right priorities to the extent those priorities do not lead to unreasonable use.” We call this qualifier the Mojave Rule, named after the California Supreme Court’s decision in City of Barstow v. Mojave Water Agency. The Golden Rule* is the foundation of water management in California and the Mojave Rule is the key qualifier. …