HYD 150 Historical Background

HYD 150 Historical Background - HISTORICAL BACKGROUND OF...

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HISTORICAL BACKGROUND OF CALIFORNIA WATER RIGHTS LAW 1848 California is ceded by Mexico to the United States by the Treaty of Guadalupe Hidalgo. The United States agrees to recognize existing property rights under Mexican law, which include riparian rights on land in private ownership and pueblo rights of municipalities. 1849 California Gold Rush. Miners establish a system of water rights based on the principle "first in time, first in right." Appropriate rights are based on beneficial use. Riparian rights would not be suitable, because the sites where the water was used were often at a distance from the stream. 1850 California becomes a state, the Legislature adopts the "common law of England so far as not repugnant to the United States Constitution or the California Constitution." The common law of England recognized riparian rights. 1855 In Irwin v. Phillips, the California Supreme Court recognized the appropriative system on public lands. Court took into account the "political and social condition of the country." 1862 Homestead
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This note was uploaded on 02/18/2010 for the course ESP 161 taught by Professor Staff during the Spring '08 term at UC Davis.

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HYD 150 Historical Background - HISTORICAL BACKGROUND OF...

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