BRAE 236 Water Rights

BRAE 236 Water Rights - 1 Laypersons Guide to Water Rights...

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Unformatted text preview: 1 Laypersons Guide to Water Rights Law Prepared by the Water Education Foundation Use or Usufructuary Rights Property rights do not involve ownership of the water All waters are the property of the people of the state, the use of which can be acquired by claimants 2 USUFRUCTUARY USUFRUCTUARY - One who has the right and enjoyment of an usufruct enjoyment of an usufruct. USUFRUCT - The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing. 3 Californias Unique System A A dual dual system of water rights system of water rights Appropriative Appropriative : based on physical : based on physical control of water and a state control of water and a state-issued issued permit permit Riparian Riparian: based on ownership of : based on ownership of Riparian Riparian : based on ownership of : based on ownership of property that physically touches the property that physically touches the water in question water in question 4 Californias Dual System Based on a combination of: Miners rights (first in time, first in right) Englands riparian water England s riparian water rights laws based upon ownership of land 5 Appropriative Rights Based on: Physical control Beneficial use Permit or license (if initiated after 1913) Allows claimants to attach to surface water...
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BRAE 236 Water Rights - 1 Laypersons Guide to Water Rights...

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