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Show CALIFORNIA 141 (ii) That use will not interfere with prior and paramount rights;105 and (iii) that the use would best conserve the public interest.108 The Board may approve or reject the application in whole or in part107 and it may permit the appropriation under such terms and conditions in its judgment necessary to satisfy the policy of the statute.108 (e) Judicial review.-An applicant can obtain judicial review of an unfavorable decision by the Board in a mandamus action in su- perior court.109 (f) Issuance of 'permit.-Upon approval of an application, the board issues a permit which establishes a priority date and gives the consent of the State to appropriate water.110 The permit does not grant an appropriate right. This is obtained only upon actual use in accordance with the terms of the permit and the laws of the State.111 To secure his right, the applicant has the duty to prosecute the construction of the diversion work and the utilization of water for beneficial purpose with due diligence.112 b. RIPARIAN RIGHTS Title to riparian rights may be obtained only by purchasers of riparian land or purchasers of riparian rights severed from the riparian land.113 The right is a part and parcel of the land and is appurtenant thereto unless lost by prescription 114 or transferred.115 (1) Lands having riparian rights.-Riparian rights have been held to inhere in lands acquired by grant from the United States, from Mexico, and from the State of California 116 which were contiguous to streams. (2) Accrual of riparian rights.-Although riparian rights do not vest until the time that lands pass into private ownership from gov- ernmental ownership,117 California courts have held that an occupant of public land contiguous to a watercourse who had the intent to put the water to use on his land, acquired rights equivalent to riparian owners of private lands and that the right accrued at the time of occupancy.118 (3) Procedures for obtaining^ riparian rights.-The only proce- dures pertaining to the perfection of riparian rights are those re- lating to the acquisition of riparian land or of severed water rights. Thus, the procedures established by Congress for acquiring land ^ Pasadena v. Alhamora, 33 C. 2d 908, 207 P. 2d 17, cert den 339 U.S. 397 (1949) ; see sec. 3.2, infra. 1W>W.C., sec. 1255. i«W.C., sec. 1350; Rich v. McClure, 78 Cal. App. 2d 209, 213, 248 P. 278 (1926). 108 W.C., sec. 1253. 109 W.C., sec. 1360, Code Civ. Proc, sec. 1094.5. U0W.C, sec. 1380. See 51 Cal. Jur. 2d 774-775, Waters, sec. 315. 111 Temescal Water Go. v. Department of Public Works, 44 C. 2d 90, 95, 280 P. 2d 1 (1955). 112 W.C., sec. 1396; Sierra Land & Water Co. v. Cain Irr. Co., 219 C. 2d 82, 25 P. 2d 223 (1933). 118 See Hutchins, p. 179. Severability is discussed in sec. 3.2, infra. !«See sec. 3.4.3, Infra. 115 See sec. 3.3.2, infra. "« Hutchins, p. 179. u7 McKinley Bros. v. McCauley, 215 C. 229, 231, 9 P. 2d 298 (1932) ; Lux v. Haggin 69 C. 255, 368-376, 4 P. 919 (1884), 10 P. 674 (1886) ; Rancho Santa Margarita v Tail, 11 C. 2d. 501, 526, 529-533, 81 P. 2d 533 (1938). "8 Hutchins, p. 180. |
