Category Archives: Work on Water

California Reasonable Use Law, Frost Protection Diversions and Stranded Salmon

Paul Stanton Kibel, Professor, Golden Gate University School of Law In California water law these days, there is increasingly talk about the reasonable use provisions of the California Constitution (Article X, Section 2) and the California Water Code (Section 275). … Continue reading

Posted in Work on Water

CEQA “PAPER WATER” AFTER WILD SANTEE ─ EVALUATION OF COURT-IMPOSED ESA LIMITS ON DIVERSIONS IN EIRS

Paul Stanton Kibel (Associate Professor and CUEL Co-Director, Golden Gate University School of Law) With its October 2012 ruling in Preserve Wild Santee v. City of Santee (Wild Santee), the California Court of Appeal issued a decision that may expand … Continue reading

Posted in Land Use, Work on Water

NATIONAL ACADEMY OF SCIENCES FINDS DRAFT BAY DELTA PLAN A “POST HOC RATIONALIZATION” FOR PERIPHERAL CANAL/TUNNEL 

Paul Stanton Kibel (Associate Professor, GGU School of Law) and Kalla Hirschbein (Pacific Coast Federation of Fisherman’s Associations and Institute for Fisheries Resources) The Bay Delta refers to the area where the freshwater of the Sacramento and San Joaquin Rivers … Continue reading

Posted in Work on Water

RIGHTS TO “RECAPTURED” IRRIGATION WATER: THE UNITED STATES SUPREME COURT DECISION IN MONTANA V. WYOMING

Posted By Paul Stanton Kibel (Associate Professor and CUEL Co-Director) and Jon-Erik Magnus (Managing Editor, GGU Environmental Law Journal) In early May 2011, the United States Supreme Court issued its much-awaited water rights decision in Montana v. Wyoming. (http://www.supremecourt.gov/opinions/10pdf/137Orig.pdf) The … Continue reading

Posted in Work on Water

BRINGING BOATS TO A NAVIGABLE WATERWAY: EFFORTS TO EXPAND RECREATIONAL ACCESS TO THE LOS ANGELES RIVER

Douglas Carstens (Chatten-Brown & Carstens) and Paul Kibel (Associate Professor, Golden Gate University School of Law) On July 6, 2010, the United States Environmental Protection Agency (EPA) issued its Clean Water Act navigability determination for the Los Angeles River. (read … Continue reading

Posted in Work on Water

Report Finds Wasteful Farm Irrigation Is Unconsitutional

By Professor Paul Kibel Since 1928 the California Constitution has expressly prohibited “waste” of water and required that all uses of water must be “reasonable.” In January 2011, California’s Delta Watermaster issued a report proposing a “Reasonable Use” enforcement unit … Continue reading

Posted in Work on Water