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Show Chapter 20 GROUND WATER RIGHTS IN SELECTED STATES This chapter includes more detailed discussions regarding the development and status of laws regarding ground water rights in selected Western States than the preceding chapter. Ground water rights in each of the 19 Western States are further discussed in the appendix. The opening discussion of ground water laws in California portrays many of the several facets of this subject. A number of the remaining States are covered in less detail. CALIFORNIA Classification For the purpose of determining rights to use water, ground waters in California are classified as (1) definite underground streams, (2) underflow of surface streams, and (3) percolating waters.1 For such purpose, artesian waters are not classified spearately from other ground waters.2 Definite Underground Streams Characteristics A subterranean watercourse has the same general characteristics as those of a watercourse on the surface: (1) it is a definite stream, and (2) it flows in a definite channel. The stream must be flowing through a known and defined channel.3 "Defined" means a contracted and bounded channel, though the course of the stream may be undefined by human knowledge, and "known" refers to knowledge of the course of the stream by reasonable inference.4 If underground water flows in a certain course through coarse, permeable 1 "It is essential to the nature of percolating waters that they do not form part of the body or flow, surface or subterranean, of any stream." Vineland In. Dist. v. Azusa Irrigating Co., 126 Cal. 486, 494, 58 Pac. 1057 (1899). Cal. Water Code § § 1200 and 2500 (West 1956). 2Miller v. Bay Cities Water Co., 157 Cal. 256, 268-269, 107 Pac. 115 (1910). 3Los Angeles v. Pomeroy, .124 Cal. 597, 633-634, 57 Pac. 585 (1899). Ground waters are presumed to be percolating waters rather than in an underground stream, as discussed at notes 29-30 infra. "Id. See also Cave v. Tyler, 147 Cal. 454,456, 82 Pac. 64 (1905). The California Water Code refers to "known and definite channels," as discussed at note 26 infra. (665) |
