How does the “doctrine of gains” affect water law?

The “doctrine of gains” is an important part of water law in California. It states that water users can be entitled to any benefits that result from their use of water resources. This is particularly important for areas that face limited water supplies, such as California. The doctrine of gains allows for a user to benefit from a natural improvement in their water supply, either from a change in the environment or from additional sources, such as a diversion of water from another source. Under the doctrine, the user is also allowed to benefit from any increase in the quality of the water that they use. The doctrine also protects water users from being punished if they are using more water beyond what they are originally entitled to. In other words, they can benefit from the increased resources even if they didn’t plan on using it originally. This is important for people who want to use the water for agricultural or other purposes. Finally, the doctrine of gains gives those who use the water an incentive to conserve the resources, as they will be able to benefit from any improvements or increases in their water supply. This incentivizes water conservation, as it encourages users to use the water wisely to get the most out of their resources. All in all, the doctrine of gains is a key part of water law in California, providing legal protection for water users and motivating them to use their resources efficiently.

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