Compiled by
(See also official California Water Law and Policy Website)
Usufructory rights; reasonable and beneficial use.
English Common Law v. Californian; preference of natural over artificial use; irrigation of riparian tracts.
Right to full flow; water quality; point of diversion and return; reasonable use; riparian tracts.
Riparian
Rights as Real Property -
Severability; no loss from disuse; subject to loss by prescription/adverse possession; date of attachment; correlative right.
History
of the Appropriative Right -
Mining customary law; priority of "First in Time - First in Right"; due diligence and continued beneficial use.
Principles
of Western AppropriativeWater Law -
Doctrine of presumption; Right of possession; Period of silent acquiescence.
Appropriative
Right as Invasion of Riparian Right -
Absolute territorial sovereignty.
Elements
of an Appropriative Right -
Water (rivers, streams, lakes or swamps,) not yet appropriated; physical control; doctrine or relation or "relation back."
California Civil Code of 1873.
1911 Statute declaring (surplus, unappropriated) water the property of the people of the State; 1914 Water Commissions Act - State control of surplus water through permit and license; California Constitution Art. XIV - regulation of water for commercial sale or rental; Cal. Civil Code Section 1007 - prescription/acquisition by adverse possession.
Comments regarding Ken Maurer's Request to the State of
California (State Lands Commission) to have the Scott River declared "navigable"
[It should be noted that the compiler of this resource is not an attorney. Historical information presented here is the opinion of the author and should be used for discussion purposes only. This resource should, in no way, be taken as legal counsel. Those requiring legal counsel should contact a competent attorney. The researcher should also be cautioned that citations were manually transcribed and there may be an occasional error in the enumeration.]
Copyright 1988, Marcia H. Armstrong. Permission granted for non-commercial use and distribution with appropriate attribution to sources.
To Property Rights Section ------>