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Show Chapter 14 LOSS OF WATER RIGHTS IN WATERCOURSES CHARACTER OF RIGHT Appropriative Right Ways in which appropriative rights in watercourses may be commonly subject to complete or partial loss include abandonment, statutory forfeiture, and prescription, as well as estoppel and laches. These methods of loss are discussed in this chapter.1 Riparian Right Riparian rights apparently are not generally subject to abandonment or statutory forfeiture.2 Riparian rights generally are subject to loss by adverse use ripening into prescriptive rights. This is the principal way in which they have been separated from riparian land in California. The existence and exercise of this important principle had much to do in furthering the early growth of the appropriation doctrine in this State despite the judicial recognition of paramount riparian rights from the early mining days on.3 Riparian rights have also been severed from the land in other ways, both voluntary and involuntary. These separations are caused chiefly by reservation of the riparian right in conveyance of land; grant; condemnation; loss of con- tact with the stream by a conveyance in which the riparian right is not 1 One's appropriative right also might be lost or terminated in some other ways. For example, appropriative rights may be involuntarily lost by condemnation, certain aspects of which have been discussed earlier. (See, e.g., in chapter 7, "Methods of Appropriating Water of Watercourses-Restrictions and Preferences in Appropriation of Water- Preferences in Water Appropriation-Taking for' a superior use a right to water already appropriated for an inferior use.") In addition, one's appropriative right may be volun- tarily terminated by such measures as its sale or transfer to another. (See, e.g., in chapter 8, "Property Characteristics-Conveyance of Title to Appropriative Right.") Moreover, in some instances there may be temporary or limited permits or licenses that may terminate at the end of their specified duration. (See, e.g., in chapter 7, "Methods of Appropriating Water of Watercourses-Current Appropriation Procedures-Administrative-Procedural steps in appropriating water-(5) Permit: Types.") See also chapter 7 at notes 117-127 and chapter 8 at note 484. 2Under "Abandonment and Statutory Forfeiture," see the subtopics "Abandonment- Rights in Watercourses Subject to Abandonment" and "Statutory Forefeiture-Rights Subject to Forfeiture-Generally not riparian rights," infra. 3 Shaw, L., Chief Justice, California Supreme Court, "The Development of the Law of Waters in the West," 10 Cal. L. Rev. 443, 455-456 (1922). (255) |