The Water Heritage Trust

The Water Heritage Trust is a program of the Resource Renewal Institute, a nonprofit environmental policy institute founded in 1985 by Huey Johnson, former California Resources Secretary and founder of the Trust for Public Land. Water Heritage Trust intends to do for water what land trusts have done for open space-preserve it to ensure the protection of endangered fish and wildlife, and to preserve the future quality of life for all citizens.

The Resource Renewal Institute (RRI) invests approximately 20 percent of its resources into developing new ideas that will be useful to public institutions. For example, RRI conceived of, founded, and launched the Grand Canyon Trust, now a successful Arizona-based nonprofit organization dedicated to preserving the majesty and grandeur of the Grand Canyon.

The Water Heritage Trust was created to restore water to America's rivers, streams and wetlands that are vital to wildlife, natural resources, and human communities. Using a unique process of water rights acquisition, WHT acquires by gift, purchase, lease, or trade, water rights to be permanently managed for environmental protection and for recreational opportunities . WHT works in cooperation with concerned individuals; local communities; and local, state, and federal government agencies.

The Need for Water Stewardship

California's rivers and streams are in critical need of protection. California's salmon populations have been decimated. Streams where salmon can return to spawn have declined from 6,000 miles of free flowing streams to less than 200 miles. The water has been diverted to the needs of agriculture and urban populations.

"In the West whiskey is for drinking and water is for fighting."
-Mark Twain

Welcome to water politics in California and the arid West.

As California and the west were settled, water went to irrigation for agriculture, industry, and to thirsty towns and cities. Water rights were established on a seniority system of "first in time, first in right." No one thought to allocate to fish, birds and other wildlife the water they needed to survive. Probably no one could conceive or even imagine that they would ever be gone.

Timing is Critical

In California, water is the issue above all others. The quality and quantity of water will decide the future quality of life for everyone in the state. The pressures of a growing population and the recurrence of drought make it imperative that action be taken now to preserve clean, free-running water flows in California rivers and streams.

At last things may be changing. For the first time in 150 years of managed water allocation in California, a legal precedent has been established to preserve the water rights of wildlife.

Recent Changes Create New Opportunities

Now it is possible to own and permanently preserve flowing water for fish and wildlife. Additions to the California Water Code, specifically Section 1707, establish the right to reserve water for "the purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water." Another important step in this process has been litigation confirming that the public owns the rights to water that accrues from the expenditure of public works funds, including the dams and canals used to transport it.

This accumulating body of judicial law confirms that the public owns water rights. With land, an individual owns a physical parcel and has title to it. The water user, however, is a user with no real ownership. Over a century of misunderstanding of what it means to hold water rights has led to bullying, conflict, anger and confusion whenever alternative uses of water are proposed.

Using water transfers, WHT can work with concerned holders of senior water rights to acquire, lease, or accept water rights as a donation. In return they can enjoy the personal satisfaction of knowing that they have helped to guarantee the flow of safe, clean water through the wild forever. In addition, financial benefits may be available to water rights holders, and well as favorable tax positions if they choose to donate all or a portion of their water rights to WHT.

Federal and state agencies have been given mandates to step into the water wars to speak for the water rights of fish and wildlife. A federally-funded $50 million allotment for water acquisition and a similar allotment being developed by Cal-Fed has finally made available the financial resources to allow the fish and wildlife to compete with Los Angeles for water.

WHT will help to keep water near its source and for what nature intended-to refresh, renew and replenish the watershed through which it flows.

How We Do It

Through our experience at the Water Heritage Trust, we have learned that solutions exist to satisfy private property owners, community needs, and environmental needs. A new approach to non-profit water rights transfer has been developed, tested and proven.

Modern competition for water is changing water laws and water policies. Federal and state agencies have mandates to protect habitat for endangered species and wildlife. It is now possible to own and permanently preserve flowing water for ouzels, cranes, ducks, beavers, trout or salmon; and for use by nature lovers, fishermen and hunters.

Everyone Benefits

The intangible value of free-flowing water in the west is significant to many people. The beauty of a cascading waterfall, the peacefulness of a mountain brook, the excitement of a spring salmon run would be sorely missed if they disappear from California. In addition, many people find spiritual sustenance in free flowing waters including those Native Californians to whom in-stream flows are essential elements of religious practice.

Objectives of the Water Heritage Trust

• Restoring in-stream flow in water courses depleted through diversions, thus restoring natural systems.
• Increasing flows in existing streams and wetlands, especially in the summer months, to maintain cooler temperatures that are beneficial to fish and wildlife, and which also enhance recreational uses .
• Maintaining water quality so that streams and wetlands are healthy habitats for fish, wildlife, and human recreational activities.
• Protecting human health by increasing flows when appropriate to assimilate waste from cities and towns along streams and rivers.
• Carefully maintaining farm productivity when water application to cropland is altered.