In California, a conflict arises between a riparian water rights holder and an appropriative water rights holder over the same stream. During a water shortage, who generally has priority?
Correct Answer
C) The riparian rights holder generally has priority over appropriative rights holders
Under California's dual water rights system, riparian rights generally have priority over appropriative rights. During shortages, appropriative rights holders must reduce or cease their diversions before riparian rights holders are required to reduce theirs. This is because riparian rights are inherent in land ownership, while appropriative rights are based on the principle of putting unappropriated water to beneficial use.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
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