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Show With respect to riparian rights, the California courts have held that riparian rights do not attach to public lands until ownership of the land has passed from the United States. McKinley Bros, v. McCauley, 9 P.2d 298 (1932); San Joaquin & Kings River Canal & Irr. Co. v. Worswick, 203 Pac. 999 (1922); Rindge v. Crags Land Co¦, 205 Pac. 36 (1922). When title to riparian public land passes, riparian rights attach to the land not as of the date of patent but as of the date of entry or even settlement upon the land. Haight v. Costanich, 194 pac. 26 (1920); Pabst v. Flnmand, 211 Pac. 11 (1922). Nonetheless, despite the relation back of riparian rights once title has passed, until there has been a transfer of title, the occupant of the public land cannot claim a riparian right. During that period, however, he can appropriate water and has the right to the use of water to the extent of his appropriation for a 2/ reasonable beneficial use. As to the relationship of his appropriative rights to riparian rights in the same watercourse, the California courts have held that appropriative rights on public lands are superior to the riparian rights of those acquiring abutting public lands *[67] at a later date, whether upstream or* downstream from the point of appropriation. Rindge v. Crags Land Co., supraj San Joaquin & Kings River Canal & Irr. Co. v. Worswick, supra; Utt v. Prey, -/ The appropriative right is not lost upon the passage of title. It can still be asserted by the patentee although he has now acquired riparian rights. In other words, a riparian landowner can have both appropriative and riparian rights. Rindge v. Crags Land Co., supra. ----- 111-35 |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |