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<br /> <br />An appropriative right does not require <br />land ownership or use of the water within <br />the watershed. <br /> <br />tVater may not be appropriated for <br />instream purposes. <br /> <br />44 CALlPORNIA WATER <br /> <br />. Water flowing in a natural channel (Water Code ~ 1201) <br />. Underground waters constituting a subterranean stream fiowing <br />through known, definite channels (Water Code ~ 1200) <br />. Spring waters (Ely v. Ferguson (1891) 91 Cai. 187; De Wolfskill <br />v. Smith (1907) 5 Cal.App. 175, 181) <br />. Waters in navigable and interstate streams (Water ford lrr. <br />Dist. v. Turlock Irr. Dist. (1920) 50 Cal.App. 213, 220) <br />Temporary waters, such as water available only at select <br />times of the year or part-time flows, are also appropriable. Tulare, <br />page 569. <br />Land on which the water can be used. A water user is not <br />required to own land to acquire an appropriative right (Pasadena, <br />pages 925, 927; see Duckworth v. Watsonvllle Water & Light Co. <br />(1907) 150 Cal. 520, 530-531; Joerger v. Pacific Gas & Electric Co. <br />(1929) 207 Cal. 8, 34), but the appropriator must have legal access <br />to the water source. Cal. Code Regs., tit. 23, ~ 775 et seq. <br />In contrast to the riparian doctrine, there is no prohibition <br />against diverting appropriated water outside the watershed. Gallatin, <br />page 413. An appropriator is, however, entitled to protection against <br />the actions of others that would materially impact water quality. <br />Joerger, pages 25-26. <br />Who may appropriate. The ability to appropriate water is very <br />broad. Individuals, firms, associations, organizations, partnerships, <br />and state and federal agencies may all appropriate water. Water <br />Code ~~ 1252, 1252.5. Municipal corporations are also entitled to <br />appropriate water. Water Code ~~ 106.5,1203,1460-1464. However, <br />water may not be appropriated for instream purposes, that is, to <br />require that water be left in a stream as opposed to diversions for <br />consumptive uses. Diversion from the stream and some physical <br />control of the water remains an essential element of an appropria- <br />tive right. Fullerton v. State Water Resources Control Board (1979) <br />90 Cal.App.3d 590. <br /> <br />Priority/Interrelationship with Other Water Rights <br />Rights among appropriators. Appropriative rights can be limited <br />by the rights of other appropriators in the same waters under the <br />flrst-in-time. first-in-right rule. United States v. State Water Resources <br />Control Board (1986) 182 Cal.App.3d 82, 101-102. Traditionally, the <br />prior appropriator takes the full quantity of water that has been <br />appropriated, having a preferred right to the exclusive use of a def- <br />inite amount of flow. Joerger, page 26. This right may also be subject <br />to priorities; for example, some uses, such as domestic ones, are <br />