2009 California Civil Code - Section 1410a-1422 :: Title 8. Water Rights

CIVIL CODE
SECTION 1410a-1422

1410a.  The entire flow of water in any natural stream which carries
water from the State of California into any other state is subject
to use in the State of California, under the laws of the State of
California, and the right may be, so far as not already acquired by
use in the State of California, acquired and held under the laws of
the State of California. The rights to the use of such water held
under the laws of the State of California, shall be prior and
superior to any rights to the waters of such streams held under the
laws of any other state.

1414.  As between appropriators, the one first in time is the first
in right.

1415.  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.

1416.  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.

1417.  By "completion" is meant conducting the waters to the place
of intended use.

1418.  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.

1419.  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.

1420.  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.

1421.  The Recorder of each county must keep a book, in which he
must record the notices provided for in this Title.

1422.  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.


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