Header link June 22, 2020

LinkedIn

  • Read more
Header link September 15, 2014

Cart

  • Read more
Header link November 3, 2015

Donate Now

  • Read more
Header link May 15, 2014

Twitter

  • Read more
Header link May 15, 2014

Facebook

  • Read more
Instagram
Header link May 15, 2014

Instagram

  • Read more
Header link May 15, 2014

Contact Us

  • Read more
More options
Water Education Foundation
Home

Water Education Foundation

Everything about California water that matters
  • Water Academy
    • Agriculture
      • Agricultural Conservation
      • Agricultural Drainage
    • Background Information
      • Legislation — California and Federal
      • Regulations — California and Federal
      • Water History
      • Water Rights
    • Bay-Delta
      • Bay Delta
      • Bay Delta Conservation Plan
      • Delta Issues
      • Delta Smelt
      • Sacramento San Joaquin Delta
      • San Francisco Bay
      • Suisun Marsh
    • Dams, Reservoirs and Water Projects
      • California Aqueduct
      • Central Valley Project
      • Folsom Dam
      • Friant Dam
      • Hetch Hetchy
      • Hoover Dam
      • Infrastructure
      • Lake Mead
      • Lake Powell
      • Oroville Dam
      • San Luis Dam
      • Shasta Dam
      • State Water Project
    • Environmental Issues
      • Anadromous Fish Restoration
      • Ecosystem
      • Endangered Species Act
      • Invasive species
      • Lake Tahoe
      • Mono Lake
      • Public Trust Doctrine
      • Salmon
      • San Joaquin River Restoration
      • Watershed
      • Wetlands
    • Leaders and Experts
    • Regions
      • Central Coast
      • Central Valley
      • Mexico
      • Nevada
      • North Coast
      • Pyramid Lake
      • Sacramento Valley
      • Salton Sea
      • San Joaquin Valley
      • Sierra Nevada
      • Southern California
      • Tulare Lake Basin
    • Rivers
      • Carson River
      • Colorado River
      • Klamath River
      • New River
      • North Coast Rivers
      • Russian River
      • Sacramento River
      • Truckee River
      • San Joaquin River
    • Water Issues
      • Climate Change
      • Coronavirus
      • Drought
      • Earthquakes
      • Energy and Water
      • Floods
      • Fracking
      • Growth
      • Hydropower
      • Levees
      • Tribal Water Issues
      • Water Conservation
      • Water Equity
    • Water Quality
      • Drinking Water
      • Nitrate contamination
      • Pollution
      • Stormwater
      • Wastewater
      • Water Quality
    • Water Supply and Management
      • Acre Foot
      • Aquifers
      • California Water Plan
      • Conjunctive Use
      • Desalination
      • Grey water
      • Groundwater
      • Integrated Regional Water Management
      • Recreation
      • Surface Water
      • Water Marketing and Banking
      • Water Rates
      • Water Recycling
      • Water Supply
      • Water Transfers
  • Tours & Events
    • Water Tours
      • 2023 Tour Sponsors
    • Events
    • Event Calendar
    • Past Tours & Events
      • Anne J. Schneider Fund Lecture Series
  • Specialized Programs
    • Water Leaders
      • Class Rosters
      • Yearly Class Reports
      • Your Alumni Network
      • Alumni Profiles
    • Project WET
      • Workshops
      • Special Workshops & Events
      • Supplementary Materials
      • California Content Standard Correlations
      • Facilitator's Trainings
      • Foundation School Programs
        • Elementary Programs
        • Secondary Programs
      • Water Kids
      • California Project WET Gazette
      • Gazette Archives
    • Colorado River Project
    • GRA Scholastic Fund Program
  • Maps & Guides
    • Maps & Posters
    • Layperson's Guides
    • Map & Guide Bundles
    • Books
    • Colorado River Materials
    • California Runoff Rundown
    • Other Publications
    • Water Awareness Materials
    • Downloadable Publications
    • Videos and DVDs
      • Video Clips
    • School Age Publications
    • Stickers
    • Free Programs and Publications
  • Newsroom
    • Western Water News
    • Aquafornia
      • About Aquafornia
    • Information Desk
    • Western Water Magazine Archive
      • Full Print Edition
      • Print Edition Excerpts
    • River Report Archive
  • Aquapedia
    • Alphabetical List of Subjects
      • A
      • B
      • C
      • D
      • E
      • F
      • G
      • H
      • I
      • J
      • K
      • L
      • M
      • N
      • O
      • P
      • Q
      • R
      • S
      • T
      • U
      • V
      • W
      • X
      • Y
      • Z
    • Historical Water People
    • Where Does My Water Come From?
      • Northern California
      • Sacramento
      • North Bay
      • South Bay
      • Central Valley
      • Los Angeles
      • Inland Empire
      • San Diego
      • All California Water Sources
    • Timelines
    • Videos
    • Image Gallery
    • Water Directory
      • Federal Agencies
      • State Agencies in California
      • Environmental Organizations
      • Other California Organizations
      • State and Federal Legislative Committees
      • Water Associations and Groups
      • Western States Water Agencies and Districts
    • Online Resources
    • Useful Acronyms
    • About Aquapedia
  • About
    • About Us
      • Board of Directors
      • Staff Biographies
      • Job Openings
    • Announcements
    • Support Our Mission
      • Become a Member
      • Donate in Honor/Memory
      • Donate to Aquapedia or Aquafornia
      • Shop Amazon
      • Planned Giving
    • Contact Us
Aquapedia background February 11, 2014 Layperson's Guide to Water Rights Law

Water Rights in California

California’s growth has closely paralleled an evolving and complex system of water rights.

After California became a state in 1850, it followed the practice of Eastern states and adopted riparian rights – water rights laws based on ownership of land bordering a waterway.  The riparian property owner—one who lives next to the river— possesses the right to use that water, a right that cannot be transferred apart from the land.

However, during the Gold Rush in the 19th century, miners also developed a system of claiming rights to take and transport water. Early settlers could appropriate water through “first in time, first in right,” which essentially granted rights to the first person to claim a source of water.

More formally known as appropriative rights, this practice allows for water use based on physical control and beneficial use of the water without regard to the relationship of land to water. These rights are entitlements to a specific amount of water with a definite date of priority and may also be sold or transferred.

After the establishment of these two different approaches to water rights—riparian and appropriative—conflicts developed between riparian water right holders and appropriative water right holders that continue today.

California Water Rights Today

Today, California operates under a dual system that recognizes both riparian and appropriative rights. In addition, in the last 10 years the state courts increasingly have recognized instream uses and expanded public trust values in determining how the state’s water resources should be best used.

Additionally, the California Constitution requires that all water use be both “reasonable and beneficial” under the Constitution’s Article X, Section 2.

Beneficial uses include irrigation, domestic, municipal and industrial, hydroelectric power, recreational use and protection and enhancement of fish and wildlife. Reasonable use, however, is more difficult to categorize. It is defined in part by what it is not; that is, waste or unreasonable use. According to the State Supreme Court, reasonableness is determined by the circumstances, “but varies as the current situation changes.”

Court can determine this qualification, as society and circumstances evolve.

Water rights, or allocation of water supply, are governed mostly by state law. Water quality issues, which may affect allocation, are regulated separately by both federal and state law.

State Law and Water Rights

The United States government may affect water rights issues through laws such as the Endangered Species Act —protecting endangered or threatened species— and the Federal Power Act—the licensing and operation of hydropower dams and reservoirs used to generate electricity. The Bureau of Reclamation, which constructs and operates water projects, also can affect state allocation of water.

Additionally, water rights are an important part of California’s water issues and projects. For instance, the state and federal governments had to negotiate agreements with water right holders to build and operate their surface water storage and distribution systems – the federal Central Valley Project and the State Water Project. Water rights issues are a recurrent theme in any discussions involving the Sacramento-San Joaquin Delta, the heart of California’s water supply system. And water rights can figure in deals to transfer water from one user to another.

Overall, as California continues to grow, water rights continue to play an important, though often controversial, role in shaping the state’s future.

  • Print-friendly

Referring Pages

Share this page

  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
  • Sent to a friend.
Print-friendly

Related Links

Aquapedia background February 11, 2014 Layperson's Guide to Water Rights Law
Publication May 20, 2014

Layperson’s Guide to Water Rights Law
Updated 2020

The 28-page Layperson’s Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights.

  • Read more
Back
This item appears in:
  • Topic: Water Rights
  • W
Footer pod May 20, 2014

Water Education Foundation

Copyright © 2023 Water Education Foundation. All rights reserved.

The Water Education Foundation is a nonprofit, tax-exempt, 501(c)3 organization, federal tax ID #942419885.

Privacy Policy

Donor Privacy Policy

  • Read more
Footer pod May 20, 2014

Contact Information

2151 River Plaza Drive, Suite 205
Sacramento CA 95833

Telephone (916) 444-6240

Contact Us via email

  • Read more

Quicklinks

Footer quicklink May 20, 2014

Contact Us

  • Read more
Footer quicklink May 20, 2014

Donate Today

  • Read more
Footer quicklink May 20, 2014

Tours

  • Read more
Footer quicklink May 20, 2014

Newsletter Signup

  • Read more
Footer quicklink May 20, 2014

Foundation News

  • Read more
Footer quicklink May 20, 2014

Calendar

  • Read more

Log in

  • Create new account
  • Request new password

Commands

  • Support portal
  • Log in