2007 California Water Code Article 4. Beneficial Use

CA Codes (wat:1240-1244)

1240.  The appropriation must be for some useful or beneficial
purpose, and when the appropriator or his successor in interest
ceases to use it for such a purpose the right ceases.



1241.  When the person entitled to the use of water fails to use
beneficially all or any part of the water claimed by him, for which a
right of use has vested, for the purpose for which it was
appropriated or adjudicated, for a period of five years, such unused
water may revert to the public and shall, if reverted, be regarded as
unappropriated public water.  Such reversion shall  occur upon a
finding by the board following notice to the permittee and a public
hearing if requested by the permittee.



1241.5.  The laws of this State with respect to loss of water rights
by nonuse, abandonment, prescription, and lack of diligence shall
not apply to water rights appurtenant to or for use on any trust land
for the period of five years following the conveyance by the United
States of an unrestricted title to the land and the water rights
appurtenant to or for use on such land.
   As used in this section, "trust land" means any land in this State
(a) to which the United States holds title in trust for any tribe,
band, or other group of Indians, or for any particular Indian; or (b)
owned by a particular Indian or any tribe, band, or group of Indians
subject to a restriction against alienation imposed by the United
States; or (c) held by the United States for the use of Indians in
California, but not for any particular tribe, band, or group of
Indians, or any particular Indian, if any part of such land is
occupied by Indians or their families.
   The Legislature hereby finds and declares that because of
historical conditions, the Indians of California will not be in a
position fully to utilize and to protect water rights owned by them
when unrestricted title to trust land is conveyed to them by the
United States.  A period is required during which the laws with
respect to loss of water rights by nonuse, abandonment, prescription,
and lack of diligence are suspended with regard to such land and
water rights so that they will not lose the benefit of the water
rights and the opportunity to make productive utilization of their
land.  The Legislature further finds and declares that such a
suspension of the laws of this State with regard to such water rights
is in the public interest and will promote the public welfare since
it will promote the economic and social well-being of the Indians and
the communities in which they reside and will encourage the
self-sufficiency of the Indians.
   This section shall become operative upon the enactment of federal
legislation authorizing the establishment of a California Indian
Water Affairs Commission.


1241.6.  When water appropriated for irrigation purposes is not used
by reason of compliance with crop control or soil conservation
contracts with the United States, and in other cases of hardship as
the board may by rule prescribe, the three-year forfeiture period
applicable to water appropriated pursuant to the Water Commission Act
or this code, and the forfeiture period applicable to water
appropriated prior to December 19, 1914, shall be extended by an
additional period of not more than 10 years or the duration of any
crop control or soil conservation contracts with the United States if
less than 10 years.


1242.  The storing of water underground, including the diversion of
streams and the flowing of water on lands necessary to the
accomplishment of such storage, constitutes a beneficial use of water
if the water so stored is thereafter applied to the beneficial
purposes for which the appropriation for storage was made.



1242.5.  The board, subject to the provisions of Section 100 and
whenever it is in the public interest, may approve appropriation by
storage of water to be released for the purpose of protecting or
enhancing the quality of other waters which are put to beneficial
uses.



1243.  The use of water for recreation and preservation and
enhancement of fish and wildlife resources is a beneficial use of
water.  In determining the amount of water available for
appropriation for other beneficial uses, the board shall take into
account, whenever it is in the public interest, the amounts of water
required for recreation and the preservation and enhancement of fish
and wildlife resources.
   The board shall notify the Department of Fish and Game of any
application for a permit to appropriate water.  The Department of
Fish and Game shall recommend the amounts of water, if any, required
for the preservation and enhancement of fish and wildlife resources
and shall report its findings to the board.
   This section shall not be construed to affect riparian rights.



1243.5.  In determining the amount of water available for
appropriation, the board shall take into account, whenever it is in
the public interest, the amounts of water needed to remain in the
source for protection of beneficial uses, including any uses
specified to be protected in any relevant water quality control plan
established pursuant to Division 7 (commencing with Section 13000) of
this code.
   This section shall not be construed to affect riparian rights.



1244.  The sale, lease, exchange, or transfer of water or water
rights, in itself, shall not constitute evidence of waste or
unreasonable use, unreasonable method of use, or unreasonable method
of diversion and shall not affect any determination of forfeiture
applicable to water appropriated pursuant to the Water Commmission
Act or this code or water appropriated prior to December 19, 1914.
   This section does not constitute a change in, but is declaratory
of, existing law.