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Show APPROPRIATIVE RIGHT 195 to quiet title as against the downstream user in the absence of such hostile act or threat.23 Junior Appropriator The right of a junior appropriator is entitled to protection to its full extent, just as is the right of a prior appropriator. Hence, "if the person who first appropriates the waters of a stream only appropriates a part, another person may appropriate a part or the whole of the residue; and when appropriated by him, his right thereto is as perfect, and entitled to the same protection, as that of the first appropriator to the portion appropriated by him."24 This protection of the junior appropriative right may be had against unlawful acts by senior appropriators as well as by others. "The rights of the former [senior] being thus fixed, he cannot enlarge his rights to the detriment of the latter [junior] by increasing his demands, or by extending his use to other lands, even if used for a beneficial purpose."2S (See, in chapter 8, "Relative Rights of Senior and Junior Appropriators.") RIPARIAN RIGHT To the extent that the riparian doctrine is recognized in a particular jurisdiction, the riparian right is entitled to protection against impairment or destruction. The western jurisdictions in which this recognition is accorded, and the nature and extent thereof, are discussed in some detail in chapter 10. Following are brief general discussions of such considerations. Several of the succeeding topics deal with more specific subjects that apply to riparian rights. As Against Other Riparians The riparian owner is entitled to protection against the acts of upstream proprietors that cause a detriment to the downstream riparian lands.26 Such upstream acts may consist of the use of an excessive portion of the streamflow, whose right had vested by prescription against certain downstream riparian owners obtained a decree enjoining them from wrongfully obstructing the flow of water into his ditch. 23See United States v. Central Stockholders' Corp. of Vallejo, 52 Fed. (2d) 322, 339 (9th Cir. 1931). See the discussion of downstream prescriptive claims in chapter 14 under "Prescription-Establishment of Prescriptive Title-Relative Locations on Stream Chan- nel"-"Downstream prescriptive claimant: Actual interference with upstream property or water right." "Smithv. O'Hara, 43 Cal. 371, 375 (1872). 25Becker v. Marble Creek Irr. Co., 15 Utah 225, 228-229, 49 Pac. 892 (1897). "Rindge v. Crags Land Co., 56 Cal. App. 247, 250, 205 Pac. 36 (1922), hearing denied by supreme court (1922). See Scott v. Fruit Growers'Supply Co., 202 Cal. 47, 52, 258 Pac. 1095 (1927). |