In Weaver v. Bishop, the California Appellate Court affirmed the trial court's adoption of the "reasonable use" doctrine in regards to the law governing the obstruction or diversion of waters. The Weaver decision indicates that California courts have finally begun to apply a consistent legal doctrine to damages claims resulting from water obstruction. This Note applauds the Weaver decision as an affirmation of the negligence (reasonable use) standard in the place of traditional water classifications and legal doctrines the author finds outdated. It concludes by calling the California Supreme Court or the Legislature to abolish the old rules and apply the negligence standard. Such a standard would facilitate equal application of the law and will allow for a varying degree of reasonableness depending on the facts of the case and the balancing of interests involved.
John H. Abbott,
Weaver v. Bishop and Negligence: A Path Toward Clearing the Muddy Water,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss3/8