Regulatory Structure, Policies and Process Term Paper

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The policies behind the doctrine's application include the following items. After 1914, the California Water Commission Act made it necessary for interested parties to obtain permits from the state prior to gaining the use of unappropriated water. This act has since then been incorporated into the provisions listed in the California Water Code. This code is referred to for various issues, examples of which include the way underground water should be appropriated (Sec. 1200), the way dams should be constructed (Div. 3, Sec.

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6000) and the way surface water could be diverted for further use (Div. 2, Part 5.1). The Fish and Game Code (Sec. 5937) states that all owners of dams must allow adequate water to flow downstream for the benefit of the fish residing there. The doctrine's impact today is that it has effectively kept consumptive water supplies highly available and exclusively for public use.

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