Justice Ronald B. Robie
 Basic
water rights enforcement
issues are complicated and
difficult in California
 REASON-
Our legally disjointed
system of water rights - as
compared to a traditional Western
state such as Colorado
 California
is only Western State
with both Riparian Rights and two
types of Appropriative Water
Rights
AND
A
separate system of Groundwater
Rights
Attach to property adjacent to stream
 Right to natural flow only
 All riparians have correlative right to
the flow of the stream
 Limited to smallest parcel in
continuous ownership
 Can divert to use but NO STORAGE
 Have priority over all other rights

 Based
on “first in time, first in
right.”
 Limited to available natural flow
of stream
 Can divert directly from stream or
to storage. Can carry over until
next season
 First recognized in Irwin v. Phillips
(1855) 5Cal.
 Perfected
by diverting and putting
water to beneficial use. Lost by
non-use
 No
government involvement
required
 May
file statement of diversion
and use with the state
Many large users –San Francisco

Must get permit from Water
Resources Control Board
Limited to natural flows only
 Priority based on date of application
 State must approve changes in type
of use, season of use, place of use
 Can be lost by non-use


All these rights are limited to natural flows

BUT many streams, including the
Sacramento-San Joaquin Delta ---

Have large flows released from Upstream
Storage Reservoirs

These flows are Not Available to traditional
water right holders
 No
state permit system
 Currently rights determined by
common law adjudications
 2014
Legislation “Sustainable
Groundwater Management Act”
requires plans to be developed
locally to manage groundwater
California Constitution, Article X, § 2
 . . . The waste or unreasonable use
or unreasonable method of use be
prevented. . .
 Right to water . . .shall not extend to
waste or unreasonable use or
unreasonable method of use or
unreasonable method of diversion. . .

 Constitutional
Provision
applies to all water rights –
Riparian, Appropriative, and
Groundwater
Enforced by Water Board


Authority of State Water Resources
Control Board to enforce
constitutional provision
Young v. State Water Resources
Control Board (2013) 219 Cal.App.4th
397 (3rd Dist.)
 Light
v. State Water Resources
Control Board (2014) 226
Cal.App.4th 1463 (1st Dist.)
 Millview
County Water District v.
State Water Resources Control
Board (2014) 229 Cal.App.4th 879
(1st Dist.)
 National
Audubon Society v.
Superior Court (1983) 33 Cal. 3rd
419
 Applies
to navigable streams and
their tributaries
 Never
applied to Groundwater
 Because
of lack of information
on water rights
 and fact so many rights are
not subject to administrative
regulation and enforcement –
 Extremely cumbersome
system


Since groundwater is not generally
subject to permit system, relationship
between streams and groundwater
basins is generally vague.
Enforcement of interference of
pumping with stream flow and stream
flow with ground water rights is nearly
impossible