What is the doctrine of absolute liability?

The doctrine of absolute liability is a legal principle applied in water law in California. This rule states that landowners are absolutely liable for the use of water that is diverted from a river or stream. This means that the owner of the land is responsible for any and all damage caused by any water that is taken from a stream or river, regardless of the cause. In practice, this means that landowners must be careful with their water usage. They must ensure that any water taken from a nearby water source is put back into the ecosystem, in the same amount and quality as when it was taken. If a landowner does not take responsibility for their water usage and damage is caused to the resources, they could face legal punishment or be liable for the damage. The doctrine of absolute liability can also be applied to situations where a body of water crosses multiple state lines. In this case, the water must be equitably managed, with each state sharing responsibility for the water source. The doctrine further recognizes the notion that water is a limited resource that must be managed in a sustainable way. Overall, the doctrine of absolute liability is an important principle in water law in California. It helps protect the environment by ensuring that landowners are responsible for their water usage and that they are held liable for any damage that is caused as a result of their actions.

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