Presentation on theme: "Pueblo Water Rights Under Mexican Law (prior to 1848), prevailing law was pueblo right—pueblo rights are paramount to the beneficial use of all needed,"— Presentation transcript:
Pueblo Water Rights Under Mexican Law (prior to 1848), prevailing law was pueblo right—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. Cities that possess pueblo rights have rights that are paramount to riparian and appropriative rights —LA and San Diego are the only 2 cities with pueblo rights recognized by judicial decisions.
Riparian Rights 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 http://www.blm.gov/nstc/WaterLaws/california.html
Appropriative Water Rights Based on practices of miners during the Gold Rush
THE GREAT CALIFORNIA FLOOD OF 1862 Sacramento Beginning on December 24, 1861, it rained for almost four weeks. Created an inland sea in Orange County, lasting about three weeks with water standing four feet deep up to four miles from the river. The worst flood since Sacramento's founding prompts residents to raise the downtownworst flood since Sacramento's founding area up to fifteen feet between 1862-1869. The tunnels under present-day Sacramento are remainders of the original downtown buildings and streets.
Appropriative 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 Resources Control Board, Division of Water Rights.
Henry Miller James Haggin LUX VS. HAGGIN (1886) (Lux partner)
The California Doctrine Lux v. Haggin 1886 riparian rights prevailed in all private lands an appropriator could possess a right superior to a riparian IF the appropriator had begun using water from a stream BEFORE a riparian had acquired his property So…both systems were legitimate and timing decided who prevailed in court
Overlying Rights All property owners above a common aquifer possess a mutual right to the reasonable and beneficial use of a groundwater resource on land overlying the aquifer from which the water is taken. A proper overlying use takes precedence over all non-overlying uses.
Appropriative Rights Non-overlying uses and public uses, such as municipal uses, are called appropriative uses. Among groundwater appropriators the "first in time, first in right" priority system applies. Appropriative users are entitled to use the surplus water available after the overlying user's rights are satisfied.
Prescriptive Rights Pasadena v. Alhambra (1949) Prescriptive rights are gained by trespass or unauthorized taking that can yield a title because it was allowed to continue longer than the five year statute of limitations Must not have permission of the owner but he must have knowledge of use. Owner must not have objected to the use.
Adjudicated Basins The groundwater rights of all the overliers and appropriators are determined by the court. The court also decides: 1)who the extractors are; 2)how much groundwater those well owners can extract; and 3)who the Watermaster will be to ensure that the basin is managed in accordance with the court's decree.