1850-1875 California Department of Water Resources

california recognizes many types of water rights. these rights have developed state on time. prior treaty of guadalupe hidalgo, signed in 1848, california part of mexico. riparian rights prevalent type of water right. under riparian rights, have origins in roman law, landowner can use water flowing property use on property. however, mexican government provided agricultural pueblos, granting water on public domain these pueblos. when california became part of united states, united states agreed recognize existing law. pueblo rights vested water rights @ time. pueblo rights provided spanish , mexican pueblos entitled paramount beneficial use of needed naturally occurring water entire watershed of stream flowing through pueblo.

when gold discovered in 1848, immigrants on world came california. during california gold rush, gold miners, not land owners, divert large quantities of water rivers , streams hydraulic mining. local custom dictated how water shared in mining camps, in general, miners followed same practice in allocating water did in staking mineral claims. in earliest form, appropriative water right created taking water , putting beneficial use. however, state claim miners post notice others taking , using water. after california became u.s. state in 1850, first session of california state legislature adopted laws deal state s water. included adoption of english common law system, included doctrine of riparian rights, although system better suited water-rich eastern united states. shortly thereafter, californian courts recognized appropriative water rights.

because of these plural systems of water allocation, disputes ensued; these differences resolved state courts. in 1872, legislature adopted procedure in civil code provide method claiming appropriative water right record claims county recorder of each county. in 1886, courts addressed competing claims between riparians , appropriators in case of lux v. haggin. however, within 25 years, excessive claims water rights threatened affect economic development in state. in response, governor formed water commission make recommendations regarding california s water law. in 1913, californian voters adopted referendum water commission act, created state water commission , set forth administrative procedure acquiring appropriative right.

in 1926, courts held riparian water user entitled full flow of stream, without regard reasonableness of use. in response, in 1928, california constitution amended require water use in california reasonable , beneficial. (article x, section 2).