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TYPES OF WATER RIGHTS IN CALIFORNIA I. RIGHTS TO USE OF SURFACE WATER A. Appropriative Water rights 1. Pre-1914 Appropriative right: a. No permit required b. Right acquired by diverting and applying water to beneficial use prior to December 19, 1914. 2. Post-1914 Appropriative right: a. Permit (or license) from State Water Resources Control Board (SWRCB) or predecessor agency is required. b. Permit is to be granted only if water is available for appropriation and if proposed use is in the public interest. c. Diversion and use of water is subject to terms and conditions specified by SWRCB. 3. Common characteristics of appropriative rights a. Priority is based on time of use or recording (pre-1914) or date of application (post-1914). “First in time, first in right.” In times of scarcity, later (junior) appropriators are cut off before earlier (senior) appropriators. That is, early priority rights must be satisfied before later rights receive any water. b.
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This note was uploaded on 02/18/2010 for the course ESP 161 taught by Professor Staff during the Spring '08 term at UC Davis.

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