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Show CALIFORNIA 143 present owner.127 Riparian rights may apply to land not meeting these characteristics only upon express grant.128 A riparian owner has the right to use a reasonable quantity of water on his lands, subject to correlative rights in other riparians along the same watercourse. The quantity of water cannot be ab- solutely stated, as it will depend on physical supply and the reason- able use of other riparians. The situation is complicated by the addi- tion of appropriative and Pueblo rights to use water in the stream. The interrelationship between these rights is discussed above.129 There is also a hierarchy of uses even between riparians. Section 106 of the water code declares domestic use to be the highest use and that the next highest use is for irrigation. Domestic use, in addition to the obvious, includes watering of stock,130 but such stock is limited to the domestic needs of man and not commercial breeding.131 Uses for industrial purposes have the lowest priority. (%) Appropriative rights The measure of an appropriative right is determined by actual beneficial use not to exceed the quantity indicated on the permit received from the State Water Resources Control Board. As between appropriators, the first in time is first in right,132 and junior appro- priators may use water only if such use does not deprive senior ap- propriators of their water rights. Between appropriators and ripar- ians on the same watercourse, riparians have paramount rights except as discussed in section 2.2.1, supra. This is the clear meaning of the 1928 constitutional amendment.133 Although the riparian right is paramount and includes reasonable prospective use, an intervening appropriative use is allowed pending future riparian use.134 Thus, the senior appropriator has first rights to use, to the extent of his permit, where water is available beyond the reasonable needs of riparians on the watercourse. For early appropriations, priority was determined by the date of actual diversion, but upon adoption of the civil code in 1872, priority could be established for the date when notice of an appropriation was posted and recorded, before diversion works were built to permit actual diversion. This procedure created an inchoate right to appro- priate and upon completion of the diversion works within a reason- able time, the date of appropriation was held to relate back to the date of notice instead of being the date of actual diversion.135 For appropriations made after enactment of the Water Commission Act, priority is determined by the date of filing of the application.136 As another factor determining priorities between appropriators, water code section 1254 requires the State water rights board to act upon the policy that domestic use is the highest use and that irriga- 187 51 Cal. Jur. 2d 546, Waters sec. 81. 128 See sec. 3.3.2, infra. 129 See sec. 2.2, supra. ia°Cowell v. Armstrong, 210 C. 218, 290 P. 1036 (1930). i*1 51 Cal. Jur. 2d 601, Waters sec. 139. ia2Alpaugh Irr. Dist. v. Kern County, 113 Cal. App. 2d 286, 248 P. 2d 117 (1952). 133 Cal. Const, art. XIV, sec. 3; Meridian, Ltd. v. San Francisco, 13 C. 2d 424. 445, 90 P. 2d 537, 91 P. 2d 105 (1939). h"51 Cal. Jur. 2d 635, Waters sec. 176. h*51 Cal. Jur. 2d 797-801, Waters sees. 335-338. ia>w.C.,sec. 1450. |
