How does the Endangered Species Act affect water law?

The Endangered Species Act (ESA) has had a major effect on water law in California. The ESA was enacted by Congress in 1973 with the goal of protecting species that are considered in danger of becoming extinct. The Act designated certain species as being especially in need of protection, including species that inhabit water habitats. Under the act, the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) are authorized to protect threatened or endangered species and their habitats from activities that could cause them harm. In regards to water law, this means that water projects or other uses of water that threaten the existence of species listed under the act must be reviewed by the USFWS and the NMFS. For example, the operation of a dam may reduce water levels and harm spawning grounds for an endangered fish species. In order to protect the species, the water agency responsible must either modify the dam operation to reduce the impact, or take other measures to mitigate the harm. The Endangered Species Act has thus had a significant effect on water law in California. It has required that water-related activities such as dam operations must be managed with the goal of protecting species from harm. By doing so, the act has helped to ensure that species in the state remain healthy and viable for the future.

Related FAQs

What is riparian water rights priority?
How does the “doctrine of gains” affect water law?
What are the laws governing energy-water nexus?
What are water rights in terms of land ownership?
How does drought affect water law?
What are the primary sources of water law?
What is the role of the judiciary in water law?
How do water rights transfer?
What is the role of water law in promoting sustainability?
What are the challenges of enforcing water law?

How does the Endangered Species Act affect water law?

Related FAQs

Related Blog Posts