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Show 150 THE PUEBLO WATER RIGHT Place of Use of Water The pueblo water right extends to the use of water only within the city limits.22 The city has no right to take for sale, outside the city limits, any quantity of water in excess of the requirements of its inhabitants therein. Purpose of Use of Water The pueblo right relates to the use of water necessary for the inhabitants of the city and for all ordinary municipal purposes.23 The original pueblo right included the use of water for domestic purposes, watering of stock, and irrigation. The California Supreme Court agreed that the fact that some of the pueblo lands had been converted into ornamental parks would not impair the right to irrigate them and, somewhat reluctantly, approved the use of water for ornamental fountains and artificial lakes in which considerable water is lost through absorption and evaporation.24 No restrictions upon the purpose of use of water under the pueblo right have been imposed by the California Supreme Court.25 Waters to Which Pueblo Rights Attach The pueblo right extends to the use of all surface and ground waters of the stream that flowed through the original pueblo, including its tributaries, from its source to its mouth.26 This applies to peak floodflows as well as other flows, and to waters impounded for the purpose of controlling floods and subsequently released to rejoin the body of water of which they are naturally a part.27 The pueblo right attaches only to waters naturally in the watershed of the stream flowing through the pueblo. Hence it does not attach to waters brought into the area from other nontributary watersheds.28 Superiority of the Pueblo Water Right Prior and paramount right.-The city as successor of the pueblo has the prior and paramount right to the use of the waters of the stream, on the 1 Feliz v. Los Angeles, 58 Cal. 73, 79-80 (1881); Vernon In. Co. v. Los Angeles, 106 Cal. 237, 250-251, 39 Pac. 762 (1895). JLos Angeles v. Los Angeles Farming & Mill. Co., 152 Cal. 645, 652, 93 Pac. 869, 1135 (1908); San Diego v. Cuyamaca Water Co., 209 Cal. 105, 122, 287 Pac. 475 (1930). 1 Los Angeles v. Pomeroy, 124 Cal. 597, 639-640, 650, 57 Pac. 585 (1899). sSee San Diego v. Cuyamaca Water Co., 209 Cal. 105, 151, 287 Pac. 475 (1930). 'Id.; Los Angeles v. Glendale, 23 Cal. (2d) 68, 74, 142 Pac. (2d) 289 (1943). 'Los Angeles v. Glendale, 23 Cal. (2d) 68, 73-74, 142 Pac. (2d) 289 (1943). '23 Cal. (2d)at 73. |