Investment in private water development: Property rights and contractual opportunism during the California Gold Rush

This paper explores the development of water supplies by private ditch companies during the California Gold Rush. Using data taken from newspaper stories, mining camp by-laws, and state Supreme Court and district court cases, the paper documents the presence of institutional conditions that were unfavorable to support private water investments including property rights uncertainty, imperfect capital markets, and significant contractual enforcement costs that may have provided opportunities for contractual holdup by miners. Some evidence suggests that water development was likely discouraged to some extent. Nevertheless, the larger response was a major expansion in water supplies through an extensive ditch system, suggesting that there were factors that limited the ability of miners to capture rents, including various ditch company strategies to limit their exposure to opportunistic behavior and recognition by miners of their reliance on ditch companies.