A California landowner wants to divert water from a river for agricultural use. The landowner's property does not adjoin the river, and the river is already subject to several existing diversion permits. Which water right doctrine governs the landowner's priority relative to those existing permit holders?
Correct Answer
B) Appropriative rights, under which priority is determined by the date the permit was granted — earlier permits prevail over later ones
California Water Code §1200 et seq. establishes the appropriative rights system, which governs water diversion by parties whose land does not adjoin the water source. Since 1914, appropriative rights require a permit from the State Water Resources Control Board. Priority among appropriative rights holders follows the 'first in time, first in right' doctrine — earlier permit holders have superior rights during shortages. Because existing permits predate this landowner's application, those holders would have priority over any new permit issued to this landowner.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
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