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8 - Pore Spaces

The Agua Caliente Litigation

Published online by Cambridge University Press:  20 January 2022

Todd Jarvis
Affiliation:
Oregon State University
Jakob Wiley
Affiliation:
University of Oregon
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Summary

The litigation between the Agua Caliente Band of Cahuilla Indians and several water districts in southern California may address the unclear ownership of aquifer pore spaces directly. In this case, the tribal parties have claimed a federally reserved right to aquifer pore spaces as a component of the mineral estate of their reservation. This directly addresses whether parties may have exclusive rights to store water in an aquifer or must share storage rights with others. The resolution of this question has important implications to aquifer unitization, including defining the necessary parties to the agreement and the allocation of shares. The court has several potential methods of resolving this question, which would determine the basis of public and private rights to the use of the aquifer.

Type
Chapter
Information
Collective Aquifer Governance
Dispute Prevention for Groundwater and Aquifers through Unitization
, pp. 97 - 119
Publisher: Cambridge University Press
Print publication year: 2022

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  • Pore Spaces
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.008
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  • Pore Spaces
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Pore Spaces
  • Todd Jarvis, Oregon State University, Jakob Wiley, University of Oregon
  • Book: Collective Aquifer Governance
  • Online publication: 20 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781316771365.008
Available formats
×