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

public domain lands is in dispute. Municipalities can have riparian
rights as a result of the ownership of riparian land, but a municipal-
ity cannot divert riparian water for use on nonriparian land.5 The
only way a city can use a riparian right is on its own riparian land,
such as at a park or golf course. A city's riparian rights do not extend
to its municipal water supply customers. San Bernardino v. Riverside
(1921) 186 Cal. 7, 25. Additionally, city boundaries are irrelevant to
the determination of riparian rights, so city boundaries which border
a watercourse do not give a municipality a riparian right unless the
city actually owns the property. Antioch v. Williams (1922) 188 Cal.
451,456. If a city acquires property with riparian rights, these water
rights can be acquired for public use by condemnation. Lux, page 300.

AcqufflmonandLossofR~arianR~h~
Acquisition. Riparian rights are typically acquired by ownership
of riparian land. Because riparian rights run with the land and are not
lost through nonuse, title to the rights is acquired as part of the prop-
erty purchase. Lux, page 391. In a statutory adjudication of stream
rights, however, an unused riparian right can be accorded a junior
priority. In re Rights to Waters of Long Valley Creek Stream System
(1979) 25 Cal.3d 339.
A property owner can reserve the riparian rights in a property
transfer and subsequently use those rights on another parcel of
riparian property. Forest Lakes Mutual Water Co. v. Santa Cruz Land
Title Co. (1929) 98 Cal.App. 489,495-496. However, this operates as
an estoppel on the riparian land which lost its water rights, and use
of the water elsewhere is not the exercise of a riparian right. If the
conveyance does not reserve any riparian rights, such rights are
automatically conveyed as part of the land. Holmes, pages 236-238.

Loss/severance of right

Conveyance of right. Riparian rights can be severed from the
property and transferred to another party, leaving the former ripar-
ian land without riparian rights. Duckworth v. Watsonville Water &
Light Co. (1907) 150 Cal. 520, 526. A riparian can convey all or a
portion of the rights separately. Holmes, pages 236-237.
Loss of contiguity to water. Riparian rights can also be severed
through the loss of contiguity of the land to the watercourse. United
States v. Fallbrook Pub. Uti!. Dist. (1961) 193 ESupp. 342, 347-348;
Rancho Santa Margarita, page 538. This can occur by physical changes
such as avulsion or by legal changes such as subdivision. However,

5 Hutchins, page 207.

A municipal water supplier holds appro-
priative rights and does not generally
exercise the riparian or overlying rights
of its inhabitant customers.

A riparian right is not lost by nonuse but
may be accorded a junior priority in a
statutory adjudication.

A riparian right can be lost by severing
the land from the riuer.

Chapter 2 Water Rights in California 35