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Post Office Box 1505

Cambria, California 93428

(805) 927-2866 - Phone(805) 927-7530 - Fax

e-mail: rick@GreenspaceCambria.orgwww.GreenspaceCambria.org

U.S. Standard Rate

PAIDPermit No. 37Cambria, CA

93428Non-Profit

Organization

Thelawsapplyingtogroundwaterthatpercolatesareofmuch greaterinterestbecausevirtuallyallgroundwatermovesasdis-

persedflow.Fivebasictheoriesareusedtoallocaterightstowithdrawpercolatedgroundwater:

1.TheEnglishRuleofCapture,orAbsoluteOwnershipRule.2.TheAmerican,orReasonableUseRule,Doctrine.

3.TheRestatementoftheLawofTorts.4.CorrelativeRights

5.Appropriation.

6.Combination

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Volume 3, Number 4 April, 200

The Insider

As a service to our readers, Greenspace has listed below some

common water related terminology that you will be hearing inthe months ahead. Wa-

ter law is complex and inCalifornia, water rights

law is magnified in com-plexity two-fold. We

hope to write indepth ar-ticles about many ofthese types of water

rights in future Insider is-sues.

Riparian Water Rights

There are many nu-ances to riparian water rights but generally riparian water rights

are the right to the use of water as aresult of the ownership of property that

abuts a natural watercourse. This rightgives the owner of a parcel of land con-

tiguous to a watercourse the right todivert water for reasonable and ben-eficial use on that property. A riparian

right is not gained by use, nor gener-

ally lost by disuse, but is part and par-cel of the land.

Appropriative Water Rights

Again, there are many legal nuances

to appropriative water rights. Thecourts have determined that there are pre-1914 rights and

post-1914 rights. But generally, an appropriative right is theright to divert and use a specific quantity of water for reason-

able, beneficial use in a specific location. Where there aremore than one appropriative user in a defined watercoursethe adage of first-in-time, first-in-right prevails. The first user

has the senior right.

Underground Water Rights

Currently there are no regulations on groundwater extractions.Property owners with land overlying groundwater can simplydrill wells and extract water. These users share the use of

groundwater with other overlying users for reasonable, ben-eficial purposes, similar to riparian rights. Surplus water can

be appropriated and used away from the overlying property,however. How this is accomplished is often left to the courts

and the appeal process.

Statutory Adjudication

Groundwater rights can be determined, and pumping limited, through court adjudications. A statutory procedureexists for adjudicating the rights of all claimants to the use

of water in a stream system for both riparian and appropriative rights. The purpose of an adjudication process i

to allow the State Water Board to make a determination othe rights to a stream system that includes streams, lakes

or other bodies of water and tributaries. A petitioner (e.gthe CCSD) can petition the courts and force landownersto hire legal council (whether they are financially able to

or not) and legally challenge their water rights through theSuperior Court. The court issues a decree establishing

all rights to use of the water in the stream, the priority othe right, and the place of use. Any claimant who doe

not submit a proof of claim during the adjudication process is prevented from subsequentlyasserting rights, leading to a forfei

ture of rights not reflected in thecourts decree.

Prescriptive Water Rights

A prescriptive water right is a perma

nent right to use water acquired whenthe essential elements for adverseuse are met. Top obtain a prescrip

tive water right in California, the useof nonpublic water must be for a rea

sonable and beneficial purpose, openand notorious, adverse and hostile

continuous and uninterrupted for a period of five years

exclusive and under claim of right. An adverse user maacquire all or part of an existing water right, but need no

prescribe the entire flow of a watercourse to gain title.

WATER RIGHTS - What Are They Talking About?

Source: California Water, Littlewood & Garner, Solano Press 1995

We hope the above defi-nitions will result in the citi-

zenry of our area to askquestions of their electedrepresentatives and learn

more about water proce-dures and legalities. The

best way to protect yourwater resources is to be

educated about the issuesand practice sound water-

shed practices.