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<br />Appropriative rights in underground water. Underground water <br />is subject to appropriation whether it is underflow, an underground <br />stream, or percolating water. Underflow and underground streams <br />are appropriated in the same manner as surface water, that is, pur- <br />suant to the procedures in the Water Code. Percolating groundwater, <br />on the other hand, is appropriated by taking the water. There is no <br />statutory procedure for the appropriation of percolating ground- <br />water. Water Code ~~ 1200 et seq.; Katz, pages 134-135; Pasadena, <br />page 926. However, only water that is surplus to the reasonable <br />needs of overlying owners is available for appropriation. If overlying <br />owners are putting the full safe yield to reasonable, beneficial use. <br />then no surplus exists and no water is available for appropriative <br />uses or for export from the basin. Corona Foothill Lemon, page 531; <br />Monolith Portland Cement Co. v. Mojave P.U. District (1957) 154 Cal. <br />App.2d 487. 494. The burden of proof is on the appropriator to prove <br />that a surplus exists beyond prior vested-right uses. Allen v. California <br />Water & Tel. Co. (1946) 29 Cal.2d 466, 481. <br />Public agencies such as cities and water districts that operate <br />their own water systems and pump grouudwater do not exercise the <br />overlying rights of their customers. Except for groundwater used on <br />public lands like parks, the public purveyors of water exercise ap- <br />propriative rights when producing groundwater. San Bernardino v. <br />Riverside (1921) 186 Cal. 7, 25; Orange County Water District v. <br />Riverside (1959) 173 Cal.App.2d 137, 165. Thus, public water sup- <br />plies depending upon groundwater are technically limited to "sur- <br />plus" water and are junior to the needs of overlying users. However, <br />in overdrafted basins, unchallenged pumping by public agencies <br />may establish prescriptive rights against private pumpers in the <br />basin. Los Angeles v. San Fernando (1975) 14 Cal.3d 199, 294. In <br />that situation, the prescriptive rights of such public agencies become <br />paramount to the overlying rights of private pumpers. <br /> <br />Groundwater Storage Rights. Water imported into an area may be <br />stored in underground basins. Los Angeles v. San Fernando, pages <br />251-259. The water may be percolated underground in spreading <br />grounds, in natural river channels, or through the use of injection <br />wells. Title to imported water may be retained even though the water <br />is commingled underground with the natural supply in the basin. No <br />statewide permit system exists for the allocation of underground stor- <br />age capacity, nor is the permission of landowners overlying the stor- <br />age area required in order to store imported water underground. In <br />some adjudicated groundwater basins, however, storage of ground- <br /> <br />Surplus groundwater may be appropriated <br />merely by pumping and using the water; <br />there is no statutory procedure for these <br />appropriations. <br /> <br />Water that is surplus to overlying needs <br />is subject to appropriation. <br /> <br />YVhen pumping groundwater, public water <br />suppliers are appropriators who are tech- <br />nically limited to "surplus" water. <br /> <br />Imported water may be stored in a <br />groundwater basin: title is retained even <br />though the imported water is commingled <br />with the natural supply. <br /> <br />Chapter 2 Water Rights in California 51 <br />