History of California water law

Last updated

The origin of water law in California dates back to the 1848 Gold Rush and the historical event's direct effect on water law development in the region. [1] Despite California attaining statehood in 1850, [2] water law in the region had already been rapidly developing since January 1848 (i.e. The start of the Gold Rush [3] ) due to the resource's centrality in gold processing and mining. [1] The foundations of the 1850s Gold Rush's water laws, initially developing in the mining camps, are still present in California's modern water code, notably in the principles within prior appropriation. [1]

Contents

California water law

Water law in California aims to define the full scope of a water right (i.e. how much, quality of water, purposes behind the usage of water, etc.) and outline any principles on how to handle possible disputes between water rights-holders (i.e. damage assessment, determination of actionable harm, possible remedies, etc.). [1] It has been the precedent in the United States and California to categorize the defining of the water right and its dispute guidelines under the scope of property and contract law, and tort law respectively. [1]

While these categorizations mainly stay consistent across states, local water law tends to adopt certain differing systems according to the region. Areas in the Pacific West may opt for an appropriative rights system, while eastern areas may opt for a riparian water rights system; the regional lines of water rights' system are not strict, with many states adopting hybrid systems. [1] Either way, each system developed first to handle any infringement on the right's holder water usage and then went on to implement conditions of the water right holder's free exercise. [1]

Law of the mining camps

Majority of the gold fields sat on United States public land ceded by the Treaty of Guadalupe (February 1848) [4] and were scattered geographically, so no local governing body contained the resources to assert federal claim to the excavated resources. [1] Thus the legal system was developed out of continuous mining disputes and their ramifications, with principles set before statehood later carrying into the official California state water code. [1]

Mining camps were quickly springing up around California by 1849 and began to form their own communities and codes. Through these codes, miners settled claim and water disputes, and continued to do so into statehood with the sanction of the California state legislature. [1] As gold field were scattered across the emerging state, the specifics of water law diversified according to locality; But while different areas had different rules, consistencies emerged from their simultaneous evolution. [1]

Early days: 1848–1849

Water law and claim rights to usage differed greatly in the first and second half of 1848. [1] Up until July 1848, miners' accounts record no need to discuss claim rights in California rivers and stream, and it is the first mentions of a miner customs in Summer 1848 that propels the creation of a formal miner code across communities.

Mining codes

Initially, these rudimentary social codes in 1849 suggested that to claim segments of rivers a miner must leaving behind tools, and disputes of water containing gold were not taken to any official court, just a third party non affiliated miner. [1] There was no formal property rights system in the 1848, as no scarcity in mining claims along the rivers and streams, or other terrains, existed. [1] In 1849, as tens of thousands of non Native people immigrated to California, more complex codes began to emerge (i.e. water claims began to be bought and sold correspondingly to possible value, etc.). [1]

Judicial systems

The mining camp judicial systems that would eventually develop enough to handle water disputes were first established to enforce lynch law. Though not fully sophisticated, the system aimed to provide due process in the investigation of crimes through appointing of judges, jurors, and suitable punishment to crimes. [1]

Factors behind the development of water law

Historically, scholars have largely attributed the complex and rapid development of water law in California to have been spurred on by the aridity of the local climate. [1] While the comparative lack of water was a central factor, since the 1980s academics have begun to highlight economic, social, and cultural forces that shaped Californian water law in the 1850s as well. [1] Water law's concept of prior appropriation was developed and refined over the course of the 15 year Gold Rush due to these factors. [1]

Economic factors

Decreasing capacity along California's waterways led to an increase in disputes. [1] The influx of disputes and the rapid need to address them gave way to economic ramifications (i.e. an increase in transaction costs for miners, etc.). [1]

Social factors

The majority of judges appointed to preside over water right disputes in this early era were subject to external pressures. [1] Even as the system grew to be more formal, judicial elections still brought political influence into influential water law cases. [1]

Cultural factors

While water law in the eastern United States traditionally organized its code around group ownership, water usage in the Gold Rush derived the resource from its natural origins and depleted the possible use for other holds,[ clarification needed ] so Californian water code was organized around individuals in an appropriative rights system. [1]

See also

Related Research Articles

<span class="mw-page-title-main">California gold rush</span> Gold rush from 1848 until 1855

The California gold rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California from the rest of the United States and abroad. The sudden influx of gold into the money supply reinvigorated the American economy; the sudden population increase allowed California to go rapidly to statehood in the Compromise of 1850. The Gold Rush had severe effects on Native Californians and accelerated the Native American population's decline from disease, starvation, and the California genocide.

<span class="mw-page-title-main">Gold rush</span> Gold discovery triggering an onrush of miners seeking fortune

A gold rush or gold fever is a discovery of gold—sometimes accompanied by other precious metals and rare-earth minerals—that brings an onrush of miners seeking their fortune. Major gold rushes took place in the 19th century in Australia, Greece, New Zealand, Brazil, Chile, South Africa, the United States, and Canada while smaller gold rushes took place elsewhere.

<span class="mw-page-title-main">General Mining Act of 1872</span>

The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. This law, approved on May 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in California and Nevada from the late 1840s through the 1860s, such as during the California Gold Rush. All citizens of the United States of America 18 years or older have the right under the 1872 mining law to locate a lode or placer (gravel) mining claim on federal lands open to mineral entry. These claims may be located once a discovery of a locatable mineral is made. Locatable minerals include but are not limited to platinum, gold, silver, copper, lead, zinc, uranium and tungsten.

<span class="mw-page-title-main">Land claim</span> Legal declaration of desired control over an area

A land claim is defined as "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include aboriginal land claims, Antarctic land claims, and post-colonial land claims.

<span class="mw-page-title-main">Auraria, Georgia</span> Ghost town in Georgia, United States

Auraria is a ghost town in Lumpkin County, Georgia, United States, southwest of Dahlonega. Its name derives from aurum, the Latin word for gold. In its early days, it was also known variously as Dean, Deans, Nuckollsville, and Scuffle Town.

In the American legal system, prior appropriation water rights is the doctrine that the first person to take a quantity of water from a water source for "beneficial use" has the right to continue to use that quantity of water for that purpose. Subsequent users can take the remaining water for their own use if they do not impinge on the rights of previous users. The doctrine is sometimes summarized, "first in time, first in right".

<span class="mw-page-title-main">Gold mining</span> Process of extracting gold from the ground

Gold mining is the extraction of gold by mining.

<span class="mw-page-title-main">California State Route 49</span> Highway in California

State Route 49 is a north–south state highway in the U.S. state of California that passes through many historic mining communities of the 1849 California gold rush and it is known as the Golden Chain Highway. The highway's creation was lobbied by the Mother Lode Highway Association, a group of locals and historians seeking a single highway to connect many relevant locations along the Gold Rush to honor the 49ers. One of the bridges along SR 49 is named for the leader of the association, Archie Stevenot.

<span class="mw-page-title-main">California Department of Water Resources</span>

The California Department of Water Resources (DWR) is part of the California Natural Resources Agency and is responsible for the management and regulation of the State of California's water usage. The department was created in 1956 by Governor Goodwin Knight following severe flooding across Northern California in 1955, where they combined the Division of Water Resources of the Department of Public Works with the State Engineer's Office, the Water Project Authority, and the State Water Resources Board. It is headquartered in Sacramento.

The history of California can be divided into the Native American period, the European exploration period (1542–1769), the Spanish colonial period (1769–1821), the Mexican period (1821–1848), and United States statehood. California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. After contact with Spanish explorers, many of the Native Americans died from foreign diseases. Finally, in the 19th century there was a genocide by United States government and private citizens, which is known as the California genocide.

<span class="mw-page-title-main">Georgia Gold Rush</span>

The Georgia Gold Rush was the second significant gold rush in the United States and the first in Georgia, and overshadowed the previous rush in North Carolina. It started in 1829 in present-day Lumpkin County near the county seat, Dahlonega, and soon spread through the North Georgia mountains, following the Georgia Gold Belt. By the early 1840s, gold became difficult to find. Many Georgia miners moved west when gold was found in the Sierra Nevada in 1848, starting the California Gold Rush. Since the 16th century, American Indians in Georgia told European explorers that the small amounts of gold which they possessed came from mountains of the interior. Some poorly documented accounts exist of Spanish or French mining gold in North Georgia between 1560 and 1690, but they are based on supposition and on rumors passed on by Indians. In summing up known sources, W.S. Yeates observed: "Many of these accounts and traditions seem to be quite plausible. Nevertheless, it is hardly probable that the Spaniards would have abandoned mines which were afterwards found to be quite profitable, as those in North Georgia."

<span class="mw-page-title-main">Peter Hardeman Burnett</span> American judge, governor of California, slave owner

Peter Hardeman Burnett was an American politician who served as the first elected Governor of California from December 20, 1849, to January 9, 1851. Burnett was elected Governor almost one year before California's admission to the Union as the 31st state in September 1850.

Edmond Edward Wysinger was an African American pioneer in California, arriving around October 1849 at the beginning of the California Gold Rush.

<span class="mw-page-title-main">Women in the California Gold Rush</span>

Women in the California Gold Rush, which began in Northern California in 1848, initially included Spanish descendants, or Californios, who already lived in California, Native American women, and rapidly arriving immigrant women from all over the world. At first, the numbers of immigrant women were scarce, but they contributed to their community nonetheless. Some of the first people in the mining fields were wives and families who were already in California. A few settler women and children and the few men who did not leave their family worked right alongside the men but most men who arrived left their wives and families home. The number of women in California changed very quickly as the rich gold strikes and lack of women created strong pressures in the new Gold Rush communities to restore sex balance. As travel arrangements improved and were made easier and more predictable the number of women coming to California rapidly increased. Most women probably came by way of Panama as this was one of the fastest trips and one of the most reliable—although expensive in 1850--$400–$600/person one-way. Passage via Panama became much more predictable after the paddle wheel steam ship lines were up and running by late 1849. In Ireland, the Great Famine was a period of mass starvation, disease and emigration between 1845 and 1852 that drove many desperate women to the United States and on to California.

A miners' court was a type of quasi-judicial court common in the American Old West that summoned a subset of the miners in a district when a dispute arose.

Mining in the United States has been active since the beginning of colonial times, but became a major industry in the 19th century with a number of new mineral discoveries causing a series of mining rushes. In 2015, the value of coal, metals, and industrial minerals mined in the United States was US$109.6 billion. 158,000 workers were directly employed by the mining industry.

<span class="mw-page-title-main">Right of way (public throughway)</span> Legal right to pass through land belonging to another


In the context of thoroughfares, a right of way is a legal term used for the right to cross lands belonging to another or others. In some cases this right is legally defined as an easement by prescription or in more general legislation such as the Countryside and Rights of Way Act 2000 in England and Wales. The right may be limited to pedestrians only, or extended to pedestrians, horse-riders and cyclists.

<span class="mw-page-title-main">Josefa Segovia</span> American lynching victim

Josefa Segovia, also known as Juanita or Josefa Loaiza, was a Mexican-American woman who was executed by hanging in Downieville, California, on July 5, 1851. She was found guilty of murdering a local miner, Frederick Cannon. She is known to be the first and only woman to be hanged in California.

<i>Woodruff v. North Bloomfield Gravel Mining Company</i>

The case of Woodruff v. North Bloomfield Gravel Mining Company was a lawsuit brought to California courts in 1882 where a group of local farmers sued North Bloomfield Mining and Gravel Company over damages caused to farmland in the Central Valley. The farmers who brought the suit claimed that the company's hydraulic mining operations resulted in the disposal of excess sediment, debris, and chemicals in local rivers. Prosecutors argued that the debris raised river beds and restricted flow in the rivers leading to heavy man-made flooding. In the years prior, flooding of debris and chemicals had destroyed a large portion of the valley's agriculture.

The California Gold Rush (1848-1855) was a period of American history in which the most amount of gold seen at the time was discovered. The initial discovery of gold in America in 1848 attracted many immigrants who were intent on the opportunity and potential wealth that came with gold mining. Typically the people that came to America were from the British Isles and the Asia-Pacific region. These foreign miners initially worked in small-scale operations using placer deposits found along streams. As mining technology developed over time and placer deposits slowly depleted mining became corporate, paving the way for quartz mining to take the forefront of Gold production.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Kanazawa, Mark Tooru (2015). Golden rules: the origins of California water law in the Gold Rush. Markets and governments in economic history. Chicago London: The University of Chicago Press. pp. 21–44. ISBN   978-0-226-25867-6.
  2. Bureau, US Census. "California 170th Anniversary of Statehood (1850): September 9, 2020". Census.gov. Retrieved 2023-10-17.
  3. "The Gold Rush of California". 2007-07-01. Archived from the original on 2007-07-01. Retrieved 2023-10-17.
  4. "Treaty of Guadalupe Hidalgo (1848)". National Archives. 2021-06-25. Retrieved 2023-10-25.

Further reading