US Laws, Codes, Statutes & Cases

1200.  Whenever the terms stream, lake or other body of water, or
water occurs in relation to applications to appropriate water or
permits or licenses issued pursuant to such applications, such term
refers only to surface water, and to subterranean streams flowing
through known and definite channels.



1201.  All water flowing in any natural channel, excepting so far as
it has been or is being applied to useful and beneficial purposes
upon, or in so far as it is or may be reasonably needed for useful
and beneficial purposes upon lands riparian thereto, or otherwise
appropriated, is hereby declared to be public water of the State and
subject to appropriation in accordance with the provisions of this
code.



1202.  The following are hereby declared to constitute
unappropriated water:
   (a) All water which has never been appropriated.
   (b) All water appropriated prior to December 19, 1914, which has
not been in process, from the date of the initial act of
appropriation, of being put, with due diligence in proportion to the
magnitude of the work necessary properly to utilize it for the
purpose of the appropriation, or which has not been put, or which has
ceased to be put to some useful or beneficial purpose.
   (c) All water appropriated pursuant to the Water Commission Act or
this code which has ceased to be put to the useful or beneficial
purpose for which it was appropriated, or which has been or may be or
may have been appropriated and is not or has not been in the process
of being put, from the date of the initial act of appropriation, to
the useful or beneficial purpose for which it was appropriated, with
due diligence in proportion to the magnitude of the work necessary
properly to utilize it for the purpose of the appropriation.
   (d) Water which having been appropriated or used flows back into a
stream, lake or other body of water.



1203.  Any water the right to the use of which is held by any
municipality which is in excess of the existing municipal needs
therefor may be appropriated by any person entitled to the possession
of land upon which such excess water may be put to beneficial use
but the right of such person to use such water shall continue only
for such period as the water is not needed by the municipality.  This
section supplements but does not otherwise affect Sections 1460 to
1464, inclusive.