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The rights of overlying owners are "correl- ative. -" that is, shared rights in the basin supply. An overlying right is analogous to a riparian right. Unless local ordinances apply. regulation of groundwater pumping has been left to the courts. 50 CALIFORNIA WATER The correlative rights doctrine of Katz is now firmly established as governing overlying uses of groundwater. In disputes between land- owners regarding the use of water on their overlying lands, all have equal rights and, if the supply of water is insufficient for all needs, each user is entitled to a fair and just proportion of the water.13 Katz, pages 134-136. However, some uses of groundwater on land over- lying the basin have been held to constitute appropriative uses. For example, the public use of groundwater is typically not an overlying use. Municipalities generally have appropriative rights, not overlying rights, to the water pumped from a groundwater basin to supply their customers. That is, they do not exercise the overlying rights of their inhabitants. San Bernardino v. Riverside (1921) 186 Cal. 7, 25. Correlative rights of overlying owners, like those of riparians, are held in common to be determined relative to the needs of oth- ers. Pasadena, page 926. An overlying owner is considered to have a water right that is analogous to a riparian right. Unlike appropria- tors, there are no junior or senior overlying users who gain priority by being the first to pump groundwater. Tehachapi-Cummings County Water District v. Armstrong (1975) 49 Cal.App.3d 992, 1001. "Overlying beneficial uses are regarded in law as akin to riparian beneficial uses and are given similar protection." United States v. 4.105 Acres of Land (1946) 68 F.Supp. 279, 288. Water that is surplus to the needs of overlying owners is available for appropriation for uses outside the basin. Katz, pages 135-136; Tehachapi-Cummings, pages 1000-1001. However, water use on overlying lands for a reasonable, beneficial purpose has pref- erence over the appropriation of water for use on other property. Montecito Valley, pages 584-585; Corona Foothill Lemon Co. v. Lillibridge (1937) 8 Cal.2d 522, 525. Acquisition of Rights Overlying rights. An overlying right is dependent upon land ownership overlying groundwater and is exercised merely by extrac- tion and use of the water. No state permit is required in order to drill a well and pump groundwater. Unless the basin has been adjudicated or other local ordinances apply, no discretionary governmental per- mission is required to produce groundwater. Regulation is generally left to the courts. However, miuisterial permits may be required in re- gard to the construction of the well, for example, from the Department of Health Services or pursuant to local building ordinances. 13 Hutchins, pages 431-436.