Why California Law Requires a Clear Benefit for Groundwater Recharge

Researchers at the University of California recently highlighted a flaw in state law that may prohibit diverting streamflow to recharge groundwater. The problem is that groundwater recharge by itself is not considered a “beneficial use” under state law, and meeting that definition is a requirement to obtain a permit to divert water. Officials at the State Water Resources Control Board, which oversees water rights, say the reality is not so clear-cut. In fact, existing rules allow most groundwater recharge projects to obtain a water right.