Water Rights

Division 2, Part 4, Title 8 deals with water rights in the acquisition of property. Section 1414 provides that, as between appropriators, the one first in time is the first in right.

Section 1415 provides that a person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating three specified items. In addition, a copy of the notice must, within ten days after it is posted, be recorded in the office of the recorder of the county in which it is posted.

Section 1416 states that, within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water, or the survey, road or trail building, necessarily incident thereto, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snows or rain.

Section 1417 defines the term “completion.”

Section 1418 states that, by a compliance with the specified rules, the claimant’s right to the use of the water relates back to the time the notice was posted.

Section 1419 explains that a failure to comply with the rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith.

Section 1420 provides that persons who have claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must proceed as in this Title provided, or their right ceases.

Section 1421 specifies that the Recorder of each county must keep a book, in which he must record the notices provided for in this Title.

Section 1422 states that, if the place of intended diversion or any part of the route of intended conveyance of water claimed, be within, and a part of, any national park, forest reservation, or other public reservation, and be shown in the notice of appropriation of water, then the claimant has sixty days, after the grant of authority to occupy and use the park or reservation for its intended purpose.