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<br />Effective in 1914. the state established a <br />permit system to appropriate streamflow. <br /> <br />This system does not invalidate pre-1914 <br />rights but is the exclusive procedure for <br />acquiring new rights. <br /> <br />42 CALIFORNIA WATER <br /> <br />purpose of the use (for example, from agricultural to domestic) as <br />long as other right holders were not injured by the change. Ramelli <br />v.Irish (1892) 96 Cal. 214, 217. <br />If Civil Code provisions were followed, the priority of use of the <br />water "related back" to the original time of posting the notice. Civ. <br />Code ~ 1418 (1872). Since in some instances the entire amount of <br />water intended to be used for a beneficial use could not be immedi- <br />ately utilized, the use could be established over time if the project <br />were diligently pursued, but it could not exceed the amount stated in <br />the notice. The priority for the entire amount of water then related <br />back to the time the appropriation began. As between statutory and <br />nonstatutory appropriators, only a nonstatutory appropriation com- <br />pleted before the posting of statutory notice had a right prior to one <br />obtained through a notice procedure. Yuba River Power Co. v. <br />Nevada Irr. Dist. (1929) 207 Cal. 521,524-525. <br />Between 1872 and 1914, the statutory method was not the <br />exclusive way to acquire water rights. Water could still be appropri- <br />ated simply by taking water and putting it to reasonable use. Lower <br />Tule River Ditch Co. v. Angiola Water Co. (1906) 149 Cal. 496, 499. <br />Water Commission Act (7973). The Water Commission Act, <br />established in 1913 (Stat. 1913, ch. 586, p. 1012) (effective December 19, <br />1914), resulted in substantial changes in the method for appropriat- <br />ing water. This system is the basis for the appropriation procedure <br />found today in the California Water Code. Water Code ~~ 1200 et seq. <br />The Act provides that all water within the state is the property <br />of the people of the state and that the right to use water can be ac- <br />quired by law. Water Code ~ 102. A permit system was established <br />to allow the Water Commission (now the State Water Resources Con- <br />trol Board) to allocate the state's unappropriated surface waters. <br />These include subterranean streams flowing through known and <br />definite channels as well as the underflow of surface streams. The <br />Act's procedures have become the exclusive manner to obtain such <br />new appropriative rights in California. People v. Shirokow (1980) 26 <br />Cal.3d 301, 309. Although a valid appropriative right to such waters <br />can now be acquired only by filing an application with proper state <br />authorities and by pursuing the appropriation through the neces- <br />sary steps required by the Act, pre-1914 rights obtained under the <br />previous methods are still valid. <br />The Water Commission's authority to issue permits was origi- <br />nally ministerial; that is, if an application complied with all procedures <br />and unappropriated water was available, the commission was obliged <br />to issue the permit. Tulare Water Co. v. State Water Commission <br />