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Show METHODS OF APPROPRIATING WATER OF WATERCOURSES 329 financial resources of applicant means of providing construction funds. Several statutes authorize the administrator to call for information not stated in the rules and regulations in a case of contemplated diversions of 500 second feet or more, or proposed dams exceeding specified heights. An incomplete, ambiguous or otherwise defective application is returned to the applicant for correction. Priority is not impaired if the corrected application is refiled within the prescribed time. (c) Administrative advice to the applicant. In its rules and regulations issued in 1960, the California State Water Rights Board offered some pertinent advice to the permit applicant about the legal effect of his application and of the permit if one is issued thereon, and respecting the relation of the permit to unappropriated water in the source of supply and to the possible impairment of preexisting water rights:520 It should be understood that neither the filing of an application nor its approval by the board will give one a water right. Issuance of permit merely signifies consent of the State that unappropriated water may be appropriated and right acquired in accordance with law and the terms of the permit. The right is created by beneficial use in accordance with law and the terms and conditions of the permit. Diligence is required from the filing of an application and undue delay in final disposition of the application will not be allowed.* * * The purpose of an application is to initiate a right to use unappropriated water, i.e., water which is not already in use under prior and existing rights, and to establish a record of such right so that its status in relation to other rights may be more readily determined. * * * The approval of an application and issuance of a permit is, however, no assurance of a water supply, or that the full amount of water for which the application is approved may be diverted without impairment of existing rights. On these points an applicant must assure himself. Likewise he must himself defend the right if it is attacked by others. A water right is a property right and the owner has the same obligation to defend it against encroachment as in the case of any other kind of property. In 1964, the State Water Rights Board issued, in place of the 1960 edition, a pamphlet entitled "Regulations and Information Pertaining to Appropriation of Water in California," which has no Foreword and does not repeat in any one place the two paragraphs above quoted. (A similar pamphlet was issued in 1969 by its successor, the State Water Resources Control Board.) However, the correctness of this information has not diminished with the passage of time. 520 "Rules, Regulations and Information Pertaining to Appropriation of Water in California." Cal. Admin. Code, tit. 23, ch. 2.1, subchs. 1 and 2, Foreword (1960). |
