California Court Affirms Water Rights

August 24, 2000

The California Supreme Court has upheld the state's long-established system of water rights. Ruling unanimously in a case involving rights to water in the Mojave Valley of San Bernardino County, the court said a judge cannot ignore existing legal water rights in apportioning water among users. Specifically, the Supreme Court upheld the "priority system" of water rights, under which water users with an older right generally receive priority over those with newer rights.

"The Supreme Court's ruling is a huge victory for California farmers," said California Farm Bureau President Bill Pauli. "Maintaining the water-rights system is crucial to farmers and ranchers throughout the state." The California Farm Bureau filed a "friend-of-the-court" brief on behalf of eight farm organizations, asking the Supreme Court to reaffirm the priority-rights system.

A group of farmers initiated the case when they challenged an agreement apportioning water among farmers and the various cities in the Mojave Valley's groundwater basin. The agreement required farmers to relinquish part of their water rights during a five-year period. Farmers who challenged the agreement said it violated the state's priority system for establishing water rights.