In designing a rule of reasonableness for the disposition of surface waters in California, the California Supreme Court has expressly considered the competing policies of equity and the promotion of development. The Author argues that another policy, overall economic efficiency, should be given equal consideration as the other policies because it promotes efficient use of resources and encourages the parties to come to solutions that lessen potential damage. This Comment analyzes the rules announced in Locklin v. City of Lafayette and Keys v. Romley. The Author questions the need for two different rules and proposes an integrated rule that addresses the three relevant policy objectives.
Adam C. Lenain,
Toward a Universal Rule for the Reasonable Disposition of Surface Waters in California,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol32/iss2/7