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<br />appropriations. A disadvantage of riparian <br />right registration is that filing riparian claims <br />may lead claimants to believe they have a <br />secure water right and are therefore entitled <br />to use streamflow. <br />The riparian claims woutd not be adjudicated <br />by the DWR, but would be inventoried and eval- <br />uated regarding the types and quantities of use, <br />the potential water quantities that might be <br />established, and potential priority dates for the <br />riparian rights if they were adjudicated. A determ- <br />ination regarding whether the riparian claims <br />should be adjudicated, and how those claims <br />should be legally integrated into the appropri- <br />ative system, could be deferred until after reg- <br />istered claims had been inventoried and eval- <br />uated. Future legislation would be required to <br />give the DWR authority to adjudicate registered <br />claims, if this were determined to be necessary or <br />desirable. <br />Defining riparian land. Sub-alternatives 2a <br />and 2b deal with the land physically bordering a <br />stream for which riparian claims can be register- <br />ed and adjudicated. Implementing sub-alterna- <br />tive 2a would limit riparian claim rE:~gistration to <br />claims associated with legally riparian land, Le. <br />land meeting the Wasserburger I (1966) tests of <br />being riparian. Implementing sub-alternative 2b <br />would authorize owners of land bordering a <br />stream to register and have their water use <br />claims adjudicated even though their lands did <br />not meet the Wasserburger I tests of being <br />legally riparian. Implementing sub-alternative 2b <br />would create more potential riparian claimants. <br />Purpose of use. Sub-alternatives 2c and 2d <br />deal with the purposes of use for which a riparian <br />claim could be registered. Sub-alternative 2c <br />would allow riparian claims for any beneficial use <br />to be filed, including fish, wildlife, recreation, <br />water quality maintenance, groundwater re- <br />charge, etc. Sub-alternative 2d would allow ripar- <br />ian claims to be filed for the purposes enumer- <br />ated in the water preferences provisions only: <br />domestic, agricultural and manufacturing. If ri- <br />parian claims are allowed for any beneficial <br />purpose, those using or wishing to use water for <br />purposes other than those enumerated in the <br />preferences provisions (such as groundwater <br />recharge, municipal, fish and wildlife mainten- <br />ance, recreation, etc.) are very likely to file ripar- <br />ian claims in hopes that they for the first time will <br />be able to obtain an appropriation for their extra- <br />preference use. Limiting riparian claims to pre- <br />ferred uses only (sub-alternative 2d) would be <br />unconstitutional if actual extra-preference ri- <br />parian uses were precluded by a riparian regis- <br />tration requirement, and could be unconstitu- <br />tional if dormant extra-preference riparian uses <br />were precluded. <br /> <br />4-4 <br /> <br /> <br />~~~-:-.. <br /> <br />The purposes of water use for which riparian <br />claim registration would be allowed is a signifi- <br />cant policy issue. Registration of a riparian claim <br />carries with it the implication that if claims are <br />adjudicated, all claims will be adjudicated and <br />appropriations issued on the same basis. Thus, if <br />riparian claims for fish and wildlife, for example, <br />are allowed and if registered riparian claims are <br />subsequently adjudicated and appropriations <br />issued, appropriations would be issued for ad- <br />judicated riparian fish and wildlife claims on the <br />same basis as for any other adjudicated riparian <br />claim. <br />Actual use requirement. Sub-alternatives 2e, <br />2f and 2g deal with whether dormant riparian <br />claims (i.e., claims made for riparian water rights <br />even though water is not being used pursuant to <br />a riparian right) would be authorized. Sub-altern- <br />ative 2e would authorize dormant riparian claims <br />as well as active riparian claims (i.e., claims for <br />riparian water rights for which water is actually <br />being used) to be filed. If dormant riparian claims <br />were later adjudicated and appropriations <br />issued, the adjudicated dormant riparian claims <br />for high volume uses (irrigation, etc.) could inter- <br />fere with existing appropriations if the priority <br />date was based on the date the riparian land was <br />severed from the public domain (sub-alternative <br />3i). Sub-alternatives 2f and 2g require either (1) <br />that water has been used within the last five <br />years or (2) that water use facilities are under <br />construction. Implementing either of these sub- <br />alternatives would preclude the possibility that <br />appropriations could be adjudicated and issued <br />in the future for dormant riparian claims. <br />