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<br />CHAPJER TWO <br />Water Rights in California1 <br /> <br />Introduction to Water Rights <br /> <br />General <br />Water law in California is complex, incorporating aspects of century <br />old mining customs, English common law, judicial and administra- <br />tive decisions, statutes, and local ordinances, California recognizes <br />several categories of water rights, each relating to various charac- <br />teristics of the water. Water rights in surface waters are generally <br />classified as riparian, appropriative, or prescriptive, while water <br />rights for underground waters are classified according to water <br />type (percolating, underflow, or underground stream) and I!se (over- <br />lying, appropriative or riparian, or prescriptive). Water rights are <br />usufructuary, a right to the use of water, not a right to own it. <br />The type of right that attaches to a water source is important, <br />particularly in light of the existing demands for agriculture, the <br />growing demands from urban users, and environmental needs, <br />coupled with a limited developed supply. The following chapter <br />provides an overview of California water rights law for both surface <br />and underground water. <br /> <br />Water Rights as Real Property Rights <br />Water rights traditionally have been considered as rights in real <br />property. San Bernardino v. Riverside (1921) 186 Ca!. 7, 13; San Fran- <br />cisco v. Alameda County (1936) 5 Cal.2d 243, 245-247. A riparian <br /> <br />t The principal author of this chapter was Michelle Ouellette. <br /> <br />~-~~-.-- <br /> <br />, <br />'. <br /> <br /> <br />California water taw" is a complex mixture <br />of court decisions. statutes, State Board <br />rulings. and local controls. <br /> <br /> <br />Water rights hWle traditionally been <br />treated as real property rights. <br />, <br /> <br />27 <br />