The Water Rights Process

Summary: This article focuses on the precise laws in California surrounding water rights. California is the largest state in terms of water consumption given the thousands of acres of agriculture throughout the state. There are two different types of water rights in the state of California: riparian and appropriative. Riparian rights do not require permits or any legal actions, they permit landowners to use waterways that cross through their land. Appropriative have “the force of law” and are used for commercial and industrial operations. This dual-rights system has caused many issues. Owners who hold riparian rights are not required to put the water to good use, and often abuse this power, while appropriative owners are forced to put the water to good use. 

Reaction: This article helped me get an introduction to water rights in California. The dual-rights system is important for landowners but is under a lot of scrutiny. This surprised me because a cooperation with access to a large amount of water should not be issued a permit without proof of how they will use the water. It seems counterintuitive to argue with smaller land owners holding riparian rights because they are most likely using a lot less water.

As Fresh Water Grows Scarcer

Source: Gray, T. (2019, July 11). As Fresh Water Grows Scarcer, It Could Become a Good Investment. Retrieved from https://www.nytimes.com/2019/07/11/business/fresh-water-shortage-invest.html?rref=collection/timestopic/Water&action=click&contentCollection=timestopics®ion=stream&module=stream_unit&version=latest&contentPlacement=21&pgtype=collection

Summary: In this article, the author takes a business stand to our water rights issue. By looking at the stock market and its effect on the US, the author explains how investments in companies that hold power over water can be worthwhile. Companies that can shutoff water when it is being overused may be an upcoming profit for many investors. The Calvert Global Water Fund is an example used in this article. It is an index fund that has holdings in 111 companies that are all involved with the flow of water in the US. They range from pipe producers, line monitors, sprinkler manufacturers and much more.

Reaction/Connection: Holding a portfolio myself, I was super intrigued by this article. I look for chances to turn a profit when I invest, but this could help the environment too. By putting funds into companies that can influence positive change for the US is always an upside for an investor. With the chance to make money, people will always gravitate toward the biggest profit, and of what the author is saying is true, those who are interested in the stock market can possibly help in the protection of our most common finite resource.

The Crisis Lurking in Californians’ Taps

Source: Del, J. A. (2019, July 24). The Crisis Lurking in Californians’ Taps: How 1,000 Water Systems May Be at Risk. Retrieved from https://www.nytimes.com/2019/07/24/us/the-crisis-lurking-in-californians-taps-how-1000-water-systems-may-be-at-risk.html?rref=collection/timestopic/Water&action=click&contentCollection=timestopics®ion=stream&module=stream_unit&version=latest&contentPlacement=16&pgtype=collection

Summary: This article explains the major issues with shared water sources. As water becomes a more valuable resource it seems that farmers have begun to use more of it per year. As our waterways become populated with more fertilizers, the US must question the water rights that are being given to these farmers. This article shows us the major issue with allowing runoff from farms to be used for our taps. California is not able to stop this problem alone. The article refers to LA not being able to take control of our waterways and calling for federal backup. If this issue persists, the US may be in grave danger of losing much of its clean water because water rights were not distributed accordingly. 

Reaction/Connection: I was shocked when I read this. We have had issues in the past with unfiltered tap water so this was right up my alley. I chose this article because I felt that the exploitation of water rights is not only unfair, but can potentially be harmful to others. With shared waterways, farmers need to be mindful of the pesticides that can be entering our tap. Without proper precautions the US could be in danger of polluting the fresh water that we do have left. If change does not happen soon, this exponential increase of water use and pollution can lead to major issues in the future. This is where water rights are important to keep in mind and distribute accordingly.

Polluting Farmers Should Pay

Source: Kling, C. (2019, August 25). Polluting Farmers Should Pay. Retrieved from https://www.nytimes.com/2019/08/25/opinion/water-quality-agriculture.html?rref=collection/timestopic/Water&action=click&contentCollection=timestopics®ion=stream&module=stream_unit&version=latest&contentPlacement=1&pgtype=collection

Summary: This article explains how water is being exploited by farmers across the US. Farmers use fertilizer to produce crops at a faster rate, but these fertilizers can be harmful to our health. People have started to get sick because there is fertilizer in our drinking water, and the only finger to point is at the farmers. With natural waterways being used by farmers to water crops, there needs to be regulations put in place to store “used” water. This exploitation of their natural water rights can get these farmers into legal trouble. Without harsher legislation surrounding natural sources, these fertilizers can become a huge issue for the US.

Reaction/Connection: By polluting waterways, farmers are destroying each others crops and the drinking water of many Americans. Water is valuable and is needed for survival, which is why the open right to water is not to be taken lightly. There needs to be regulation on how much can be used and where the runoff goes. As farmers continue to water their crops, there becomes an increasing amount of runoff, usually containing pesticides or fertilizers. The US must pass laws in order to combat this issue otherwise it could continue to grow until we are unable to save any of our fresh water.

Water Rights Issues in Agricultural Lending

Source: (2019, March). Water Rights Issues in Agricultural Lending – Articles – Jordan Ramis. Retrieved from https://jordanramis.com/resources/articles/water-rights-issues-in-agricultural-lending/view/

Summary: This article directly explains water rights. It is the ability for the public to use any major waterway and that it can not be owned by any one person or cooperation. If someone owns land that borders a waterway, legislation prevents that land from being seized because of the need for the water. If a person is planning to sell their land they must transfer the water rights over in the form of a contract to the buyer. If this process is not completed the land may be federally seized and the landowner will not have rights to the waterway. This law was implemented equally distribute water and prevent a monopoly of specific waterways.

Reaction/Connection: This article was super helpful. The ability to monopolize a waterway would be irrational and simply unfair. By allowing an equal distribution of water, a finite resource, we can prevent over consumption. The main issue with this law is that there is no limit on the amount of water the landowner can use if the source is natural. This could become a huge issue if this part of the legislation is not fixed and could provide little to no leeway for smaller farmers or fishers.

What is Water Easement?

Source:Rigdon, M. D., & Joseph, A. (2019, August 13). What is a Water Easement? Retrieved from https://www.wisegeek.com/what-is-a-water-easement.htm

Summary: This article discussed water easement. Easement is the right to buy land and use the land for anything related to utilities. In most states one is unable to access an easement program without a permit, rightfully so. Easement programs have many guidelines. Without providing legal proof of what the land is being used for you are not even able to apply for one. If your land is in a hazardous area for any reason, the state officials have the right to seize your land and any of the utilities being used. Overall, easement programs are usually only available to major companies or rich landowners and often lead to personal gain.

Reaction/Connection: This article was super helpful with introducing me to my topic. I learned about a similar topic, easement, which explains the ability to use land freely. It is important to note that only the wealthy are able to access these grants and often get away with expanding without providing a notice. Easements are not specifically for water, but they can allow for business growth as well as an exploit of resources.