Question
State of Mind has suffered several years of significant drought. The law in Cali provided that all water was owned by the state and that
State of Mind has suffered several years of significant drought. The law in Cali provided that all water was owned by the state and that individuals (and other entities) had rights to access water in accordance with a historically developed water regulatory scheme. That scheme permitted European settlers to dispossess indigenous people from streams, rivers and other waterways in order to claim legal water rights to those waterways by posting signs claiming water rights. In 1914 State began requiring a permit to exercise water rights (but not those created earlier than 1914). This resulted in an inconsistent water rights scheme where certain water rights holders, especially those whose families had acquired their rights before 1914, had access to large quantities of water. Those rights were property rights passed down through families. In an effort to consistent regulatory scheme for all water available in the state. State wants to use its power of eminent domain to see new scheme. Explain whether State could use eminent domain to do so. Be sure to apply the information from the textbook to answer this question.
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