Berkeley Law

California has increasingly emphasized efforts to develop voluntary agreements (VAs) with water users as a means of achieving regulatory goals in certain watersheds. In theory, a VA can combine the protectiveness of a regulatory backstop with the creativity and flexibility of a negotiated deal to produce outcomes as good as, or better than, those achievable through strict application of regulatory requirements alone. However, reality has not always measured up to this ideal. This policy paper uses the Bay-Delta watershed as a case study to inform five principles to guide the appropriate use and evaluation of VAs.