Research On The California Water Rights System

California water rights system is a product of California’s unique historical experience. The appropriative rights doctrine evolved from early miner’s custom of diverting water to their mining claims on public land. Under the appropriative rights doctrine, divert water to "beneficial use" is the lodestar; it establishes priority according with the time that the appropriator the first time divert the water to beneficial use; to be "first in time" is to be "first in right".The doctrine of prior appropriation promote economic development in California and gradually recognized by court and legislature. The adoption of riparian rights doctrine in California affected by a series of factors, including California’common law tradition, natural condition and so on. The inherent defects of riparian rights are adverse to the development of California water resource. Meanwhile, it brings uncertainties to water rights management. Riparian rights in California experienced a series of correction. Statutory water rights system is evolved from traditional prior appropriation. By introducing administrative licensing factor to prior appropriation, water rights are no longer acquired completely free. The statutory water rights system authorizes the State Board to approve water appropriation. This water rights system clearly defined water rights in the process of the initial allocation of water rights, while strengthening the executive management of water rights. More importantly, public interests and environmental factors are taken into account. California used markets to foster the efficient reallocation of water resource. By market mechanism, water rights can be transferred. The water bank is the most representative form of water rights transfers in California. The evolution of California water rights system demonstrates that clear definition of water right and government regulation is very important in water rights management. Meanwhile, our country should learn how to use market to achieve efficient water use. In addition, the protection of water quality, environment and public water right cannot be ignored in water right system management.