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Property Ownership Land Use ControlsWater_and_mineral_rightsHARD

Under California water law, which of the following is NOT a recognized category of water rights?

Correct Answer

D) Transferable appropriative rights, held in perpetuity by any landowner who files a valid appropriation claim regardless of whether beneficial use is maintained

Appropriative rights in California are conditioned on continued beneficial use — they are not held in perpetuity regardless of use. Under the 'use it or lose it' principle codified in the California Water Code, an appropriative right can be forfeited if the holder fails to put the water to beneficial use for an extended period. A right that ignores the beneficial use requirement is not a valid form of appropriative right under California law.

Answer Options
A
Riparian rights, held by landowners whose property borders a natural watercourse
B
Prescriptive rights, acquired through open, continuous, and adverse use of water without the owner's permission
C
Correlative rights, governing the shared use of a common groundwater basin among overlying landowners
D
Transferable appropriative rights, held in perpetuity by any landowner who files a valid appropriation claim regardless of whether beneficial use is maintained

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Related Topics & Key Terms

Key Terms:

water_rightscategorieseminent_domainEXCEPTArticle_XWater_Code_100

Related Concepts

A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.

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.

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