英文加利福尼亚三角洲大坝：侵权豁免还是承担责任SSRN.pdfVIP

DELTA LEVEES–TORT IMMUNITY VS. TAKINGS LIABILITY Michael J. Percy* Editors’ Synopsis: This Article examines the conflicting public policy arguments surrounding the vulnerable state of Californias Delta levee system. While discussing the structural, financial, and political obstacles to rebuilding the Delta levee system, the Article focuses on the juxtaposition of the judi cial evolution of liability under Californias takings clause and the California Department of Water Resources proposals to increase state immunity as it relates to flood protection work. California’s Takings clause is modeled after the U.S. Constitution and its existing statutory tort immunity for failure of flood control projects is modeled after the Federal Flood Control Act of 1928. The argument presented in this article may have persuasive force in other states that have similar legal foundations. I. INTRODUCTION 1 II. BACKGROUND 4 A. Structural Weakness 5 B. Economic Cost and Impact 8 C. Ownership and Control 8 D. Regulatory Complexity 10 E. Legal Complexities 11 III.CURRENT LEGAL TRENDS 14 IV. THE PROBLEM 22 V. ANALYSIS 24 I. INTRODUCTION California is risking billions of dollars in economic production and half of the state’s total freshwater supply by not aggressively refurbishing the levees protecting the Sacramento-San Joaquin River Delta (Delta). Failure of the Delta levees1 would have far-ranging impacts. The Delta is * Michael J. Percy is a 2007 graduate of the Santa Clara University School of Law. This Article wa