4 ms·
I don't know the specifics in California but property rights in water are complex, especially in the Western U.S. A mere change in regulations, even under a sta
by wahern 8y ago
I don't know the specifics in California but property rights in water are complex, especially in the Western U.S. A mere change in regulations, even under a state constitution, might constitute a regulatory taking (i.e. a taking of property requiring just compensation under the 5th Amendment).
Because the issues are so complex, the legal terrain so unclear, and the consequences of an adverse court ruling so substantial, not to mention the politics, legislators are reticent to impose such strong measures.
- whatshisface 8y agoWater laws are loose because they were written in a world where groundwater is almost as plentiful as air. Locations where this is still true should keep their simple laws (nobody wants a trillion detailed laws if there is no need), but places like California need to get more sophisticated.