Supreme Court Urged to Decide if Diverting Water in California Counts as Government ‘Theft’

A legal battle over California water rights has reached the doorstep of the U.S. Supreme Court, raising a fundamental constitutional question: When the government commandeers water for environmental reasons, is it merely regulating a resource or physically seizing private property?

The Liberty Justice Center filed an amicus brief last week in the case of United Water Conservation District v. United States, asking the high court to clarify the boundaries of the Fifth Amendment. The brief argues that diverting water specifically for government use should be classified as a “physical taking,” a designation that would mandate just compensation for property owners.