Yay, they own the land. A hundred plus years later, I don't see why the descendants (or corporate owner) should have the same water rights now after things have changed. Don't strip them of the land...but something has to give.
Yes that could be done via eminent domain of their water rights. The only note would be that since the value of especially the more rural desert land is tied almost completely to acreage times water rights per acre, it's basically a full buyout of the entire non-residential rural desert due to the takings clause. I don't know how much it'll cost, but it will be a lot.
>A hundred plus years later
I know of people still investing large sums today to claim under the Desert Land Act. It's still active. They need to establish irrigation and usually drill/share a well (maybe hauling could work but you have to show it's economically viable), and establish that over a multi year proof process the viability of the land. Just harder than it used to be. So to be clear it might be someone from yesterday, although it's just less common. I'm not sure if the takings clause would cover them though, as they don't technically own it until the proof process is complete, so for them it'd probably merely just be a total loss.
The takings issue is why I believe that rather than invoking eminent domain, the CA government should institute a Uniform Water Use Tax, whose aim is to establish a single price for any use of water (charged per gallon/acre foot) in the state. The cost of acquiring the water used can then be claimed as a credit against the Uniform Water Use Tax.
This respects water rights while aligning incentives to conserve water and as a bonus establishes a more even playing field in the agricultural sector, enhancing competition and reducing the unjust profits of the Resnicks' shady water empire.
Is that actually taken into account in a taking? I haven’t thought about this stuff in decades, and I know there is some weirdness with regulatory takings.
Another way to frame the question: if the government just changes the water rights per acre, does that itself trigger the takings clause?
It depends on the type of water right (there are many kinds). The State has the ability to effectively recall some water rights. True titled rights would be a taking.
