Professor Frank Comments for Greenwire on Water Rights and California Drought
Professor of Environmental Practice Richard Frank commented for Greenwire on legal issues connected to California's ability to require cutbacks in water use in response to drought conditions. Some water rights holders have claimed that requiring them to use less than their full allotment of water is an unconstitutional infringement of property rights.
The California Supreme Court's recent decision in Horne v. Department Agriculture, a victory for property rights advocates, is likely to encourage water rights holders to file lawsuits over required cutbacks, Frank said.
"The favorable ruling is going to embolden a lot of water users up and down the state who feel disadvantaged to go off to court and file their own legal challenges," said Frank. "That's not to say they will win those cases, but I think state officials are likely to be embroiled in this type of litigation."
Frank, a 1974 graduate of King Hall, is a leader in the field of environmental law and the founding Director of the California Environmental Law and Policy Center at UC Davis School of Law.