WATER LAW (CALIFORNIA)

The keystone to California's water law and policy, as spelled out in the California Constitution, requires that all uses of the State's waters be both reasonable and beneficial. It places a significant limitation on water rights by prohibiting the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water. California operates under a dual system of water rights for surface water which recognizes both the doctrine of Riparian Water Rights and Appropriative Water Rights. Under the Riparian Doctrine, the owner of land has the right to divert a portion of the natural flow of water flowing by his land for reasonable and beneficial use upon his land adjacent to the stream and within its watershed, subject to certain limitations. Under the (Prior) Appropriation Doctrine, a person has a right to divert, store, and use water regardless of whether the land on which it is used is adjacent to a stream or within its watershed, provided that the water is used for reasonable and beneficial uses and is surplus to water from the same stream used by earlier appropriators. The rule of priority between appropriators is "First in Time, First in Right". Unlike Nevada which administers both surface and groundwater rights, there exists no statewide system for the administration of ground water rights in California, except for groundwater that is actually flowing in underground streams or water that flows in known and definite underground channels. Consequently, use of most ground water in California is unregulated, except in certain circumstances where individual basins have undergone special adjudications or where a local ground water management district has been established. Water rights in California are administered by the State Water Resources Control Board (SWRCB). Also see California Doctrine.