As between appropriators, the one first in time is the first in right.
Acquisition of PropertyWater Rights
Section § 1414
In California, when it comes to using resources like water, the person who started using it first has the top claim or right over it.
appropriators prior water rights first in time
Section § 1415
If you want to use water from a natural source, you must put up a clear written sign at the spot where you plan to take the water. This sign should say how much water you intend to take, what you will use it for, and where you plan to use it. Also, include how you'll take the water, like with a ditch or pipe. Within ten days, this notice needs to be officially recorded with the county recorder's office. You can change your plans later, like the location where you'll take or use the water or the method, as long as it doesn't harm others. This rule applies to both new and existing notices.
A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein:
1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure;
2. The purposes for which he claims it, and the place of intended use;
3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it.
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. After filing such copy for record, the place of intended diversion or the place of intended use or the means by which it is intended to divert the water, may be changed by the person posting said notice or his assigns, if others are not injured by such change. This provision applies to notices already filed as well as to notices hereafter filed.
water appropriation notice posting conspicuous place
Section § 1416
If you want to use water from a certain place, you have 60 days after posting notice to start building the necessary works to divert the water. You must keep working on it without stopping unless weather temporarily stops you. If a dam is recommended near your site, you have 60 days after the dam is done to start your work. Cities and towns either currently using or planning to use water don’t have to develop more than what they need right away. They have options like making surveys or issuing bonds within a certain time to comply with these requirements. Previously made water claims by cities that did some groundwork or started funding are also confirmed.
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; provided, that if the erection of a dam has been recommended by the California dGbris commission at or near the place where it is intended to divert the water, the claimant shall have sixty days after the completion of such dam in which to commence the excavation or construction of the works
in which he intends to divert the water; provided, that whenever any city and county, or any incorporated city or town within this state makes, or has made, or acquires, or has acquired any appropriation of any of the waters of this state in accordance with the provisions of section 1415 of this code, it shall not be necessary for such city and county, city or town to commence the work for development of more of the water so claimed than is actually necessary for the immediate needs of such city and county, city or town and it shall be held to be a sufficient compliance with the requirements of this chapter, to the full amount of water stated in the notice posted and recorded, for such city and county, city or town to within sixty days make the necessary surveys, or within six months to authorize the issuance of municipal bonds, for the construction of the necessary works designed to supply such city and county, city or town with the water required for immediate use. Any appropriation heretofore made
by any such city and county, city or town in connection with which surveys were at any time made, or an issue of bonds authorized for the construction of any portion of the works necessary for a diversion of any part of the water appropriated, is hereby confirmed to the full amount of water stated in the original notice or notices.
water diversion claimant excavation construction
Section § 1417
In this context, 'completion' refers to successfully getting water to where it's supposed to be used.
By “completion” is meant conducting the waters to the place of intended use.
completion conducting waters intended use
Section § 1418
If you follow the specific rules for claiming water rights, your right to use that water is considered to have started from the time you first posted notice, not from when the claim was officially recognized later.
By a compliance with the above rules the claimant’s right to the use of the water relates back to the time the notice was posted.
water rights claimant's right notice posting
Section § 1419
If someone doesn't follow the rules for using water, they lose their priority to use that water compared to someone who does follow the rules.
A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith.
water use rights subsequent claimant compliance
Section § 1420
If someone has previously claimed rights to use water but hasn't built any infrastructure to use it, actually started using it, or put it to a beneficial use, they have 20 days after this law goes into effect to begin following the procedures laid out in this law. If they don't, they lose their rights to the water.
Persons who have heretofore 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, after this Title takes effect, and within twenty days thereafter, proceed as in this Title provided, or their right ceases.
water rights claimants divert water
Section § 1421
This law requires that in every county, the Recorder keeps a designated book where certain official notices, as specified in this part of the law, are recorded.
The Recorder of each county must keep a book, in which he must record the notices provided for in this Title.
county recorder record notices official notices
Section § 1422
If someone wants to use water that runs through a national park or similar public lands, they need to follow specific rules. First, they have 60 days to start building their water project once they get permission to use the land. Before this, they must start any required surveys and paperwork within 60 days of announcing their water claim. After finishing these preparations, they should apply for permission to use the land and keep working on the application promptly.
If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of, any national park, forest reservation, or other public reservation, and be so shown in the notice of appropriation of said water, then the claimant shall have sixty days, after the grant of authority to occupy and use such park or reservation for such intended purpose, within which to commence the excavation or construction of said works; provided that within sixty days after the posting of said notice of appropriation, as provided in section 1415 of the Civil Code, the claimant shall in good faith commence (and thereafter diligently and
continuously, except when temporarily interrupted by snow or rain, prosecute to completion) such surveys and other work as under the regulations governing such park or reservations, may be required as preliminary to, or for use with, an application for such authority; and provided also that the claimant shall in good faith on completion of said survey and preliminary work, apply to the officer, board, or body, having charge of such park or reservation, for such authority, and shall thereafter, prosecute said application with reasonable diligence.
water diversion national park forest reservation
