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who may have done so for many years. In People v. Shirokow (1980) 26 Cal.3d 301, the state sought to enjoin the storage of surface water that was done outside the statutory appropriation process. The owner claimed that a prescriptive right had been established, but this de- fense was rejected. As against the state, and after 1914, the statutory procedure is the exclusive method of acquiring rights to stream flow. Still unresolved, however, is the question of whether prescriptive rights can be established against the other users on the stream system without a state permit. Water Rights Remedies Introduction A wide variety of relief is available to enforce water rights in the courts. Although administrative and statutory procedures are also available, final jurisdiction lies with the courts. Water Code ~~ 2500-2900. Declaratory Relief A party may be entitled to declaratory relief to protect water rights. Declaratory relief has often been used to protect underground water rights and to preclude the ripening of prescriptive rights. Tulare Irr. Dist. v. Lindsay-Strathmore Irr. Dist. (1935) 3 Cal.2d 489, 533; San Bernardino v. Riverside (1921) 186 Cal. 7, 15-16. It may also be used to protect a riparian's prospective or future uses. Tulare, pages 529- 530. The declaratory judgment establishes a present and future right to the use of the water based upon existing rights. Injunction Injunctions are often used to prevent injuries to water users when there is a threat of continued or future injury. People v. Los Angeles (1950) 34 Cal.2d 695; Pasadena, page 924. The threatened diver- sion or use of waters by another can be a basis for injunction. Lodi v. East Bay Municipal Utility District (1936) 7 Cal.2d 316, 346. An injunction can also be used to enjoin water pollution. Thompson v. Kraft Cheese Company (1930) 210 Cal. 171, 176. However, one court held that an injunction would not be allowed where a matter could be resolved with a physical solution and continuing jurisdiction. Meridian, Ltd. v. San Francisco (1939) 13 Cal.2d 424, 452. Some examples of situations in which courts have held that there was suf- ficient injury to issue an injunction include material lowering of the groundwater level, damage from irregularity of flow, export of non- surplus water, and permanent, threatened interference with the use Declaratory relief may be obtained to protect the future use of a water right. Injunctive relief may be appropriate to protect the use of water rights. Cbapter 2 Water Rights in California 63