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SAN DIEGO COUNTY USHERS IN FIRST INDEPENDENT CAP AND TRADE |
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Written by Lane Sharman
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On December 19th, 2007, Monica Real Estate
Holdings shredded an entire parcel of fifty acres of citrus in
Borrego Springs, thereby “capping” the annual water use on the
property by 190 Acre Feet Per Year. The Borrego Water District
purchased and retired 150 Acre Feet. An additional 40 Acre Feet are
available for cap and trade with developers seeking to offset new
development in Borrego Springs. By virtue of mandatory 1:1 offsets
from the County, the Borrego Water Exchange has captured the first
true and independent transaction for cap and trade in water in the
State of California. The Borrego Water Exchange is the State's first
Independent Water Intermediary dedicated to fair and equitable
transfers, cap and trade, and rational water policy protecting
agriculture, communities, and districts from unsustainable water
practices including unmanaged growth.
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California Groundwater Law Supporting a Groundwater Sustainability Ordinance |
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Written by Lane Sharman
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California State Law and
Groundwater
The law of beneficial use of groundwater derives
from English Common Law. The formation of California in 1850 rests on
a constitution that lawmakers have amended to reflect the state's
unique requirement to share groundwater among both agricultural,
domestic, industrial, and recreational users. Property rights
advocates misquote California law when they state that a landowner
has an absolute right to the beneficial use of all groundwater. The
absolute right to beneficial use regardless of its impacts is not
supported either in the State's Constitution or in its evolving Case
Law.
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