What is beneficial use?

Beneficial use is a legal concept in California water law. It refers to the idea that water should be used to do “something useful” or provide a “benefit”. This means that the water must be used for a purpose that is beneficial to the public, such as providing an economic benefit or providing for the public welfare. Water itself is not a beneficial use, but rather, the purpose to which water is put. For example, beneficial use may include irrigation for agricultural purposes, providing drinking water for a city, or generating hydroelectric power. This concept is important because it ensures that the limited natural resources of water are used responsibly. This principle of beneficial use is one that states have consistently recognized as important and California has codified this concept in the California Water Code. The concept of beneficial use also has practical implications in California water law. Beneficial use is used as a legal basis to regulate how water is used and to allocate water rights. The concept of beneficial use is also used to resolve conflicts between different water users. For example, when water users compete for a limited water supply, a court may decide who receives the water based on which user has the most beneficial use for the water.

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