What Is the Wells Water Law in California?
California has a complex water law system that combines several different types of legal structures. Commonly referred to as a "dual system," California law incorporates the riparian doctrine of water rights and the prior appropriation doctrine in most situations. Well water law, or groundwater law, as it is commonly referred to, employs both legal doctrines.
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Types
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There are two types of groundwater classifications recognized by the state of California. The first, subterranean streams, are defined as flowing streams of underground water. The second, percolating water, is defined as non-flowing underground water.
Subterranean streams follow the same legal doctrine as surface water. Owners of land bordering or located over a subterranean stream may have riparian water rights. An application for appropriative water rights can also be submitted to the State Water Board. In this situation, the applicant will apply to use water that is not near the property for a "beneficial purpose" that is defined by California state law. Percolating water, on the other hand, is subject to overlying rights and appropriative rights.
Riparian and Appropriation Doctrines
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The riparian doctrine of water rights simply states that owners of land bordering natural bodies of water (or in this case, underground water) may use the water for beneficial purposes without applying for a permit. Appropriative water rights require a landowner to apply to the State Water Board to use water for beneficial purposes. According to California law, beneficial purposes include livestock watering, recreation, municipal uses, irrigation, mining, generating power (i.e. hydroelectricity), fire prevention, domestic uses (water in homes, hotels, for example), aquaculture, heat control, frost prevention, quality control of water and fish and wildlife purposes.
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Doctrine of Correlative Water Rights
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Correlative water rights states that holders of riparian water rights in a subterranean stream have to share the available water supply. In the case of a water shortage, each party will have to reduce his water usage to prevent the overdrafting of the water supply. This doctrine also applies to overlying users of percolating water. An overlying user of percolating water is a landowner who shares the same percolating body of water with other landowners (e.g. the same water is located beneath multiple properties).
Regulatory Agency
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Several agencies are responsible for controlling the use of groundwater in California. First, the Department of Water Resources plans how state water supplies will be used. Second, the State Water Board regulates quality control and water rights. Third, the California Water Commission, in conjunction with the Department of Water Resources, drafts the regulations used to control state water supplies.
Who May Hold Groundwater Rights
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Any person or legal entity (i.e. government agencies and corporations) can hold groundwater rights. These rights are also considered property rights under the law. This means groundwater rights are transferable from one legal entity to another and can be held independently of any land ownership. All transfers of water rights must be approved by the State Water Board before becoming effective. Also, appropriative rights in groundwater can be lost due to non-usage. This occurs when the water has not been used for five years.
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