Water Rights in California

Types of Surface Water Rights Pueblo Riparian Federal Reserved Appropriative –Pre-1914 –Post-1914 Prescriptive Adjudicated

Riparian Rights Property must abut the source stream Water used must be the “natural flow” –Water may not be imported from another stream –water may not be collected during a time of plenty and stored for use during a time of deficiency Place of use must be in the watershed of the stream source

Riparian Rights Rights are correlative Right attaches to land when the land is “patented Continuous us of water not required Does not require a permit from the SWRCB Disputes must be resolved in court

Appropriative Right For diversion of water on parcels that do not abut a stream For storage of water on any parcel “First in Time -- First in Right” Can be sold Can not be increased Can be lost after 5 years of nonuse (forfeiture v. abandonment)

Pre-1914 Appropriative Right Right must have been initiated before December 19, 1914 Does not require a permit from the SWRCB Limited to quantity of water used in 1914

Post-1914 Appropriative Right Requires a permit/license from SWRCB Issued for the appropriation of “Unappropriated Water” (defined in WC§1202) Cannot be issued on a fully-appropriated stream

State Water Board Authority Post-1914 Appropriative Right Compliance and Enforcement Water Right Changes Transfers Fee Assessment

Pueblo Rights Paramount right of a city as the successor to a Mexican or Spanish Pueblo Right to entire flow of streams within the pueblo Two Confirmed –Los Angeles –San Diego

Pueblo Rights--Prerequisites City must be the successor to a Mexican or Spanish Pueblo The City must have presented its claim before the Board of Land Commissioners pursuant to the “Act to Ascertain and Settle the Private Land Claims in the State of California” and the claim must have been validated by the Board

Federal Reserved Only apply to Federal Land Reservations –Forest Lands –Indian Reservation Water can only be used for the purpose of the reservation

Prescriptive Right Legalized theft Cannot prescript the State (People v. Shirokow) Use must be: –Actual –Open and Notorious –Adverse –Under Claim of Right –Continuous and uninterrupted for 5 years

Adjudicated Court Reference (WC§2000et seq) –applies only to the named parties –riparian rights can be quantified Statutory (WC§2500 et seq) –Applies to all water users –riparian rights can be subordinated –riparian rights are quantified

Types of Groundwater Rights in California Overlying Appropriative Adjudicated