California’s system of water rights is referred to as a "dual system" in which both the riparian doctrine and the prior appropriation doctrine apply to water rights. There is also a separate doctrinal basis for ground water, as well as pueblo rights, so a more accurate classification of California’s system would be a "plural system". Water rights in California are use rights. All waters are the property of the state. A water right in California is a property right allowing the use of water, but it does not involve ownership of the water. California’s water law is contained in the California Code of Regulations, Title 23, and can found at:
http://www.calregs.com/.
Riparian rights result from the ownership of land bordering a surface water source (a stream, lake, or pond). As a class, these rights are senior to most appropriative rights, and riparian landowners may use natural flows directly for beneficial purposes on riparian lands without applying for a permit (see Appendix One for Attributes of Riparian Rights).
Appropriative rights are acquired by putting surface water to beneficial use. Prior to 1914, appropriative rights could be claimed by simply diverting and using the water, posting a notice of appropriation at the point of diversion, and recording a copy of the notice with the County Recorder. Since 1914, the acquisition of appropriative rights has required an application through the State Water Board.
In addition to riparian and appropriative rights, California recognizes pueblo rights. These rights are derived from Spanish law whereby Spanish or Mexican pueblos could claim water rights. As a result, pueblo rights are paramount to the beneficial use of all needed, naturally occurring surface and subsurface water from the entire watershed of the stream flowing through the original pueblo. Water use under a pueblo right must occur within the modern city limits, and excess water may not be sold outside the city. The quantity of water available for use under a pueblo right increases with population and with extensions of city limits. In general pueblo rights are limited to use of water for ordinary municipal purposes.
Responsible agency:
Responsibility for water in California is shared among several agencies. The State Water Resources Control Board (State Water Board) is responsible for the water rights and water quality functions of the state. They have the jurisdiction to issue permits and licenses for appropriation from surface and underground streams. The board also has the authority to declare watercourses fully appropriated. The California courts have jurisdiction over the use of percolating ground water, riparian use of surface waters, and the appropriate use of surface waters initiated prior to 1914. The Department of Water Resources is responsible for planning the use of state water supplies, and develops, in consultation with the California Water Commission, rules and regulations for this purpose.
