PUB00109

• Year: 1995
• Title: Califormia Water
• CWCB Section: Interstate & Federal
• Author: Arthur L. Littlewort
• Description: History, overview, and explanation of water rights and legislation of California
• Publications - Doc Type: Historical

The correlative rights doctrine discussed below, together with
Article X, Section 2, gives an owner of land overlying a groundwater
basin a right to the reasonable, beneficial use of a share of the basin's
supply for use on or in connection with the overlying land. Lodi v. East
Bay Municipal Utility Dist. (1936) 7 Cal.2d 316,338; Tulare Irrigation
Dist. v. Lindsay-Strathmore Irr. Dist. (1935) 3 Cal.2d 489, 524-526.

Types of Water Rights

Riparian Water Rights

Introduction. In California, most surface water rights are governed
by two doctrines: (1) the riparian doctrine and (2) the doctrine of
prior appropriation. United States v. State Water Resources Control
Bd. (1986) 182 Cal.App.3d 82, 101. Riparian water rights have been
an important part of state water rights since the mid-1800s. A ripar-
ian right is the right to the use of water as a result of the ownership
of property that abuts a natural watercourse. Lux v. Haggin (1886)
69 Cal. 255, 390-391. This water right gives the owner of a parcel of
land contiguous to a watercourse the right to divert water for rea-
sonable, beneficial use on that property. People v. Shirokow (1980)
26 Cal.3d 301, 307. A riparian right is not gained by use, nor generally
lost by disuse, but is part and parcel of the land.
Unlike an appropriative right, a riparian right is not quantified,
but is instead a right to use a portion of the natural flow of the water
in common with other riparian users. Pabst, page 129. This is called
a "correlative right." Each riparia)l may apply as much water to the
/
riparian land as is necessary to make a reasonable, beneficial use of
the land, as long as other riparians are not injured. Gin S. Chow v.
Santa Barbara (1933) 217 Cal. 673, 695. The amount reasonably
needed by an owner is a question of fact to be determined after an
analysis of the circumstances of each particular case. Deetz v.
Carter (1965) 232 Cal.App.2d 851. 856. In times of water shortage,
all riparians must decrease their water use and share the available
water. United States v. State Water Resources Control Board (1986)
182 Cal.App.3d 82, 104.

Development of the Riparian Right in California
Early history of riparian rights. The origin of riparian water rights
is found in English common law. The riparian doctrine developed
from the concept that legal access to water was generally limited to
those who owned property contiguous to a watercourse.3

3 Shaw. Development of the Law of Waters in the West, 1922, 189 Cal.
779, 783.

A riparian right results from the ownership
of land that abuts a natural stream.

A riparian right is not quantified; rather,
it is the right held in common with other
riparians to take the amount necessary
for reasonable use on the land.

Chapter 2 Water Rights in California 29