Water Wars and Water Rights

Recent Changes Create New Opportunities

Now it is possible to own and permanently preserve flowing water for fish and wildlife. Additions to the California Water Code, specifically Section 1707, establish the right to reserve water for "the purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water." Another important step in this process has been litigation confirming that the public owns the rights to water that accrues from the expenditure of public works funds, including the dams and canals used to transport it.

This accumulating body of judicial law confirms that the public owns water rights. With land, an individual owns a physical parcel and has title to it. The water user, however, is a user with no real ownership. Over a century of misunderstanding of what it means to hold water rights has led to bullying, conflict, anger and confusion whenever alternative uses of water are proposed.

Using water transfers, WHT can work with concerned holders of senior water rights to acquire, lease, or accept water rights as a donation. In return they can enjoy the personal satisfaction of knowing that they have helped to guarantee the flow of safe, clean water through the wild forever. In addition, financial benefits may be available to water rights holders, and well as favorable tax positions if they choose to donate all or a portion of their water rights to WHT.

Federal and state agencies have been given mandates to step into the water wars to speak for the water rights of fish and wildlife. A federally-funded $50 million allotment for water acquisition and a similar allotment being developed by Cal-Fed has finally made available the financial resources to allow the fish and wildlife to compete with Los Angeles for water.

WHT will help to keep water near its source and for what nature intended-to refresh, renew and replenish the watershed through which it flows.

Water will flow from the river to the sea, forever.

The Water Heritage Trust was created to restore water to America's rivers, streams and wetlands that are vital to wildlife, natural resources, and human communities. Using a unique process of water rights acquisition, WHT acquires by gift, purchase, lease, or trade, water rights to be permanently managed for environmental protection and for recreational opportunities . WHT works in cooperation with concerned individuals; local communities; and local, state, and federal government agencies.

The Need for Water Stewardship

California's rivers and streams are in critical need of protection. California's salmon populations have been decimated. Streams where salmon can return to spawn have declined from 6,000 miles of free flowing streams to less than 200 miles. The water has been diverted to the needs of agriculture and urban populations.

"In the West whiskey is for drinking and water is for fighting."
-Mark Twain

Welcome to water politics in California and the arid West.

Water is Paramount

Timing is Critical

In California, water is the issue above all others. The quality and quantity of water will decide the future quality of life for everyone in the state. The pressures of a growing population and the recurrence of drought make it imperative that action be taken now to preserve clean, free-running water flows in California rivers and streams.

At last things may be changing. For the first time in 150 years of managed water allocation in California, a legal precedent has been established to preserve the water rights of wildlife.