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

(1921) 187 Cal. 533, 536. The commission was ultimately granted the
discretion to refuse a permit if the diversion would be detrimental to
the public welfare.
Current appropriation requirements. The existing procedures
for acquiring appropriative rights are based upon the requirements
in the Water Commission Act. The State Board is now responsible
for the allocation of appropriative rights in the state. Water Code
~~ 174 et seq. Only surface water and subterranean streams flow-
ing through known and definite channels can be appropriated
through Water Code procedures; percolating groundwater cannot.
Water Code ~ 1200. Water that can be appropriated is limited to-

All water flowing in any natural channel, excepting so far as it
has been or is being applied to useful and beneficial purposes
upon, or in so far as it is or may be reasonably needed for useful
and beneficial purposes upon lands riparian thereto, or otherwise
appropriated, is hereby declared to be public water of the State
and subject to appropriation in accordance with the provisions of
this code. Water Code ~ 1201.

The statutory procedures for appropriating water are discussed in
chapter 4.
The State Board does not regulate nonpermitted water rights.
However, to maintain records of water use in the state, diverters of
surface water or subterranean water that flows in known channels
pursuant to a riparian right, pre-1914 right, or any other nonpermit-
ted right, must file statements of diversion with the State Board.
Water Code ~~ 5100 et seq. These statements must include the
source, point of diversion, place of use, and the amounts of water
diverted or stored, and must be updated every three years. Water
Code ~ 5103-04. Failure to file the statements of diversion of surface
flows does not result in any penal consequences, although willful
misstatements are subject to misdemeanor prosecution. Water Code
~ 5107-5108. Such statements may help to establish water use,
preventing forfeiture of a water right through nonuse.

NatureandEuentofR~ht

Water to which the right attaches. Waters in excess of the existing
reasonable, beneficial needs of lawful users, including riparians,
may be lawfully appropriated. Stevinson, pages 269-270; Pasadena,
pages 925-926; Cal. Const. art. X, ~ 2. These include-
. Water in a running stream and in a lake (Duckworth l). Watson-
ville Water & Light Co. (1907) 150 Cal. 520, 528-529, 530)

Riparians and pre-1914 rights holders are
supposed to file statements oj diversion
with the State Board. but there are no
penal sanctions for failure to file.

Chapter 2 Water Rights in California 43