The Legislature finds and declares that it is necessary and beneficial to the state to clear up many heretofore uncertain conditions of water rights which are the result of a large number of dams and other water impoundment structures which have been constructed for livestock watering use, including domestic and recreational use which is incidental to livestock use; that these structures have been constructed, many at the urging of local, state and federal government, as a matter of practical necessity by the owners or users of the land on which they exist; that these structures have been built without clearly defined water rights as a result of the uncertainty of the state law and the lack of information by the owners as to proper procedures by which to obtain a water right; and that it is in the interest of the state to clarify the right to the water impounded by these structures.
General ProvisionsStockponds
Section § 1226
This law states that it's important for California to sort out unclear water rights related to dams and other structures used for watering livestock and related domestic or recreational purposes. These structures were often built on the advice of various government levels and were needed by the landowners. However, because of unclear state laws and lack of guidance on obtaining proper water rights, these structures lack defined legal rights to the water they use. The state intends to clarify those rights.
water rights dams water impoundment
Section § 1226.1
This law applies to owners of dams or water structures built before January 1, 1969, which hold no more than 10 acre-feet as of January 1, 1975. If there was no recorded water rights dispute before January 1, 1974, these owners can claim a valid water right for specific uses if they filed a claim by December 31, 1997. However, any permits or licenses granted before this law was enacted take precedence over these claimed rights.
The owner of any dam or other water impoundment structure constructed prior to January 1, 1969, the capacity of which is not in excess of 10 acre-feet on January 1, 1975, and concerning which water rights litigation between private parties was not a matter of record prior to January 1, 1974, is declared to have a valid water right for the use of the water for purposes as specified in Section 1226, if that person files a claim of water right with the board not later than December 31, 1997. All permits or licenses issued by the board prior to the effective date of this article shall have priority over any water right claimed pursuant to this article.
dam ownership water impoundment structure valid water right
Section § 1226.2
This law explains the priority dates for water rights in California. If you have a valid water right and you filed your claim by December 31, 1977, your water right priority dates back to when your dam or water structure was built. If you filed your claim between January 1, 1978, and December 31, 1997, your priority is set based on the filing date of your claim.
(a)CA Water Code § 1226.2(a) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board on or before December 31, 1977, has a water right priority as of the date of the construction of the dam or other water impoundment structure.
(b)CA Water Code § 1226.2(b) Any person who has a valid water right pursuant to Section 1226.1, who files a claim of water right with the board after December 31, 1977, and before January 1, 1998, has a water right priority as of the date of filing.
water right priority valid water right dam construction date
Section § 1226.3
If you want to claim a water right, you need to pay a fee. This fee covers the cost for the board to process your claim. Once your right to the water is approved, you will get a certificate confirming the validity of your claim as soon as possible.
Each claim of water right shall be accompanied by a fee which shall be in an amount determined by the board to cover the reasonable administrative costs of processing the claim. If the claimant establishes a water right pursuant to this article, the board shall issue a certificate of the validity of the water right to the claimant as expeditiously as practicable.
water right claim fee for water rights administrative costs
Section § 1226.4
This law allows the board to take away a water right certificate if, after informing the certificate holder and holding a hearing, it determines that the water isn’t being used for the original purpose it was granted.
The board may, after notice and hearing, revoke any certificate of a water right granted pursuant to this article upon a finding that the water has ceased to be used for the purposes specified in Section 1226.
water rights certificate revocation board authority
