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Show 142 CALIFORNIA titles from the Government are controlling for initial acquisition of riparian rights on patented lands. Once title to the riparian land or severed right is acquired, the riparian right is established regardless of present use,119 since the right is perpetual subject to loss by pre- scription, transfer, condemnation, or estoppel.120 C. ACQUISITION OF RIGHTS TO DEVELOPED AND SALVAGED WATERS Subject to certain limitations, including reasonable beneficial use and protection of the rights of other claimants, California law pro- tects rights to developed and salvaged waters. Developed waters are new waters added to a water source, whereas salvaged waters are waters which are saved from loss in a water source.121 Any person who by artificial means prevents loss by means of evaporation, seepage, or percolation is entitled to the benefit of the waters thus saved from loss.122 The most common way of saving losses is by alteration of diversion methods or diversion works. Eights are acquired by completion of the artificial works preventing loss. Although there is no case law indicating the necessity of comply- ing with the procedural requirement for claiming unappropriated water discussed in section 3.1.1 above, it may be wise to follow the procedure.123 3.2 Nature and Limit of Rights a. NATURE Water in its natural state is considered to be real property as part of the land on which it is found.124 It has the same characteristics of other real property. Water rights in California are usufructuary and do not include ownership of the corpus of the water.125 Claimants thus have the right to divert and use water subject to limitations discussed below. Although water rights are part and parcel of the land and appurtenant thereto, they may be severed from land by grant.126 b. MEASURE OF THE RIGHT Riparian and appropriative rights are measured in different manners. (1) Riparian rights Three factors determine the extent of riparian lands: (i) the land must be contiguous to the watercourse; (ii) it must be within the same watershed; and (iii) the riparian right extends only to the smallest tract held under one title in the chain of title leading to the «»Parker v. Swett, 188 C. 474, 480, 205 P. 1065 (1922). iao See sec. 3.4, Infra. 121 Rogers and Nichols, p. 375. 123 Pomona Land & Water Go. v. San Antonio Water Co., 152 C. 618, 622-624, 93 P. 881 (1908). 123 Rogers and Nichols, p. 377. i2* 51 Cal. Jur. 2d 508, Waters sec. 46. 185 Big Bock Mut. Water Go. v. Valyermo Ranch Co., 78 Cal. app. 266, 248 P. 264 (1926). 329 Calkins v. Sorosis Fruit Co., 150 C. 426, 431, 88 P. 1094 (1907). |