What is the “doctrine of gains”?

The “Doctrine of Gains” is an important legal principle in water law in the state of California. According to this doctrine, those who hold an appropriated water right are entitled to a “gains” of water supply that is above and beyond the rate of flow they were initially granted the right to use. The basis of this legal principle is that those with a water right should not have their proper use of the water impaired by upstream users that have recently acquired water rights. The doctrine of gains also applies to those who apply for a water right after the initial right was applied for. Any increase in available water supply that is available due to changes in upstream availability can be considered as “gains” and the initial right holder is then entitled to a fair share of this increased flow. The law is intended to protect the original right holder and ensure that they do not suffer a hardship as a result of any increased flow caused by the subsequent application for a water right. The “Doctrine of Gains” protects the rights of original appropriators and ensures that those with a fair share of the available water supply are not unfairly impacted by the actions of others. This legal principle is an important part of California water law and should be understood and respected by all those who are involved in water use and management in the state.

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What is the “doctrine of gains”?

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