AZ vs. CA:12 California Exhibits, Vol. XII; Nos. 1350-1383; 1400-1446; 1501-1518; 1601-1603; 1701-1703

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(5) Uses of Water This subject is divided into three heads: (a) Riparian Doctrine, which was a common law right of an owner of land bordering upon a stream or body of water to have the water retain its natural character; that is, not to be diminished to any extent; to have it remain unpolluted, and to have its use, if a stream, as it flows by his land for milling and domestic purposes, to have free access for wharves, and for many other uses and benefits which a riparian owner had. This doctrine does not exist in any of our arid states, except that in one of the Seven States of the River System, viz, California, the Riparian Doctrine is in part maintained. (b) Appropriation Doctrine. This doctrine relating to the use of water, is the one which controls in most of the arid States of the Union. It is the right of one to take water from a stream or ditch to his land, mill, mine, placer, farm or other works, and apply that water to some beneficial use. Unlike the riparian right, it may be taken a long distance from the stream or lake, although the effect of taking it reduces the water in the stream. The right depends not on the place where taken, but rather upon the application by the taker to some beneficial use. The right is initiated by complying with the law of the state where the appropriation is made, and these requirements differ in some respects in many of the western states. In some, the person appropriating the water must place a written notice stating the amount of his appropriation at a point on the stream or lake where the diversion of water is made, that is, where the head gate of his ditch is to be located. He must record the notice in the proper county or state office, procure a permit from the State Engineer or State Water Commissioner, and build his ditch from