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Re:Without Enough Water to Go Around, Farmers in California ... by bradleyjg on Saturday July 24, 2021 @02:54PM (#27943516)
Yes, but they’d have to cut big checks to the existing rights holders.
Re:Without Enough Water to Go Around, Farmers in California ... by lumost on Saturday July 24, 2021 @03:04PM (#27943590)
The government doesn’t need to write me a check when they rezone my property and block future construction.
Re:Without Enough Water to Go Around, Farmers in California ... by bradleyjg on Saturday July 24, 2021 @03:31PM (#27943779)
That’s because the Supreme Court said that’s not a taking except in extreme cases. See Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005) for the current state of the law on regulatory takings.
Re:Without Enough Water to Go Around, Farmers in California ... by lumost on Saturday July 24, 2021 @03:49PM (#27943884)
Which should open the door for regulating agricultural water use in California right? If California mandated that crops requiring more than X water per acre couldn’t be grown would that be a taking?
Re:Without Enough Water to Go Around, Farmers in California ... by bradleyjg on Saturday July 24, 2021 @08:02PM (#27945456)
I don’t know if you could pass a law exactly like that, but it’s a good point that California could attack the problem from the other direction—-keep water law as is but squeeze the companies farming the desert using other parts of its regulatory toolkit.
Re:Without Enough Water to Go Around, Farmers in California ... by lumost on Saturday July 24, 2021 @09:04PM (#27945746)
Aye I’d also imagine that it is within the current legal framework to “tax” water property/rights in accordance with the allotment. It would be easy enough to exclude residential zoned water allotments from the taxes to avoid taxing drinking water.