The continuing drought in California highlights the importance of water rights, but these rights are grounded in environmental and cultural history going back to at least the 19th century. Popular films like Chinatown (1974) illuminate this history for a broad audience. Chinatown serves as the quintessential water rights film: Murder, infidelity, and incest all become integrally connected with water as a commodity in 1930s Los Angeles, a context established by an FDR picture in the opening shot of the J.J (Jake) Gittes (Jack Nicholson) private investigator’s office. Jake is introduced to an infidelity case but discovers the perpetrator is Hollis Mulwray (Darrell Zwerling), the chief engineer of Los Angeles’s Water and Power.
According to Water and Power, Los Angeles is on the edge of the desert. Without water, the valley would turn to dust, and the Alto Valley Dam will save it, but Mulwray opposes the dam because it is shoddy and ineffective and because he discovers his former partner Noah Cross (John Huston) is dumping gallons of water from the Los Angeles reservoir into the ocean to prove the need for the dam. Ultimately Mulwray is murdered by the very water he serves. “Los Angeles is dying of thirst,” says a sticker near Jake’s car, but, as one police officer explains, “Can you believe it? We're in the middle of a drought, and the water commissioner drowns. Only in L.A.”
While investigating Mulwray’s murder, Jake discovers that the water department is not irrigating as they claimed. A clandestine group is poisoning the farmers’ wells and shooting out their water tanks, so they will sell their property to “ghost” buyers who are either dead or elderly relatives of wealthy LA socialites. In fact, Noah Cross killed Hollis when he hindered his plan to incorporate the valley into the city of Los Angeles by buying up farmland to grow even richer on its resources, declaring, “Either you bring the water to L.A. or you bring L.A. to the water,” underpinning the continuing connection between water rights and environmental history in Chinatownand other films centering on water.
Water rights are steeped in environmental history in films with water at their center. Chinatown explicitly highlights the continuing influence of the 1877 Desert Land Act and the doctrine of prior appropriation. Water rights in America respond to at least three political, historical, and economic perspectives, all of which have throughout U. S. history addressed water distribution during times of both drought and abundance of water. The first of these, the riparian doctrine, connects water with the land adjacent to it, so that “Riparian land owners can access water for a ‘reasonable use,’ so long as downstream users are not adversely affected” (Donohew 90).
A second approach, the appropriative doctrine, provides grounding for legislation that opened up the West to pioneers. See, for example, the Desert Land Act (1877), the General Mining Act (1872), and the Homestead Act (1862) which rested on the doctrine of prior appropriation: “Water rights with older priority dates are more likely to receive their full allocation and hence are more valuable” (Donohew 89). A third perspective focuses on groundwater rights, which are more difficult to define and measure, so specifications differ from state to state. For example, “In some states, including parts of Texas, unlimited ground water pumping is allowed by a landowner so long as it is put to a beneficial use” (Donohew 91), but in others, state or local agencies regulate groundwater usage more closely.
Water rights also connect explicitly with human approaches to ecology that not only draw on riparian rights and the appropriative doctrine, but also helped to foster the EPA’s Clean Water Act of 1972. For example, Ellen Swallow Richards explains how human approaches to ecology encourage the right to water, explaining “In common law, water is held to be a gift of nature to man for use by all, and therefore not to be diverted from its natural channels for the pleasure or profit of any one to the exclusion of the rest” (Air, Water, and Food 57). But for Richards, it was not enough to ensure water was available. That water must also be clean, asserting, “A city or town is under strict obligation to furnish a safe supply of water as it is to provide safe roads” (59). For Richards, everyone should have access to water free of contaminants or “objectionable substances, mineral and organic” (61) because it is “a necessary condition of life” (67).
Perhaps because water is both abundant and necessary, it serves as a protagonist in films from the silent era to the present. Water rights take different roles in contemporary feature films. Floods take the center in silent films such as Victor Fleming’s When the Clouds Roll By (1919), New Deal features, such as Our Daily Bread (1934), and contemporary features such as Michael Polish’s Northfork (2003). Drought, on the other hand, serves as the protagonist in features from the John Ford epic Grapes of Wrath (1940) and contemporary documentaries, including Jim Burroughs’ Water Wars (2009).
All of these films, however, draw on environmental history and environmental law, paving the way for films that are at least partially based on America’s sometimes conflicting views of water rights, views almost always grounded in the nineteenth-century American drive for progress. This connection to environmental law reaches the mainstream in more subtle and powerful ways in Chinatown, an unlikely rhetorical film that not only demonstrates the dangers of commodifying water but also offers solutions that look back to earlier historical visions of water as a right.
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