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Show CALIFORNIA 133 waste or unreasonable use or unreasonable method of use of water be pre- vented . . . [T]he use or flow of water in or from any natural stream or water- course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served. . . .88 Furthermore, all water within the State is declared to be the prop- erty of the people of the State, although the right to use water may be acquired by appropriation in the manner prescribed.39 A para- mount interest in the use of water for public purposes is recognized, as is the interest of the State in the development of water resources for public benefit.40 These basic policies serve as guidelines and are found throughout the statutes dealing with administrative procedures, and they thus provide a general basis for Water Resources Control Board decisions. {2) Procedures used by the Water Resources Control Board (a) Generally.-The Board conducts hearings, inquiries and other proceedings upon its own initiative and in response to protested water rights applications and water rights disputes. In doing so, the Board may take testimony, subpoena witnesses, and petition the superior courts for orders compelling attendance of witnesses and the produc- tion of evidence.41 Statutes authorize the Board to supervise court-ordered distribu- tions of water and to institute actions in superior court to enjoin unauthorized appropriations.42 All actions by and before the Board are open to the public, and are conducted in accordance with the general rules of evidence-al- though such rules are less strictly applied than in the courts. Notices are sent to the parties involved and to interested persons prior to any hearing, and testimony is invited from all parties concerned.43 (b) Appropriative rights procedures.-These procedures are dis- cussed at length in section 3.1, infra. For the present, it may be noted that the procedure is governed by statute for all applications for appropriative rights. The applicant initiates the proceeding by filing an application to appropriate, and the Board may require hearings either upon its own initiative or when any protest is re- ceived.44 Applications may then be approved or rejected in whole or in part,45 and all Board action is subject to judicial review.46 Statu- tory adjudications are discussed in the next section of this chapter. 2.2 Resolution of Water Use Conflicts a. RIPARIAN V. APPROPRIATIVE RIGHTS Numerous conflicts have arisen between parties claiming rights under the riparian and appropriation doctrines, both of which are recognized in California. A basic knowledge of the interrelationship 38 W.C, sec. 100. This is very similar to the policy found in Const, art. XIV, sec. 3, discussed in sec. 3.2, infra. 39 W.C, sec. 102. «W.C, sees. 104-105. ^W.C, sees. 1075-1096. «W.C, sees. 1051, 1052. *3 See discussion of appropriative right procedures and statutory adjudications in sees. 2.2 and 3.1, infra. "W.C., sees. 1340-1342. «W.C, sec. 1350. «W.C, sec. 1360, Code Civ. Proc. sec. 1094.5. |
