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Ownership and Land Use, 15% of the examination

Riparian rights

Water-use rights ordinarily accompanying qualifying land bordering a natural lake, river, stream, or creek.

Riparian rights allow reasonable use of natural flow on qualifying riparian land and ordinarily pass with that land. Littoral describes land beside a lake or sea, but do not use that vocabulary distinction to deny California riparian rights along a natural lake. Appropriative rights are a separate system: post-1914 surface-water appropriations generally require State Water Board authorization, while valid pre-1914 rights have a different basis. Water rights remain subject to reasonable and beneficial use.

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Water Rights

An owner whose land borders a flowing stream holds which kind of water right?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

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