The California Law Of Water Rights, 2nd Printing

By Wells A. Hutchins

Hardbound, 547 pages

$ 80 plus tax and shipping ($ 90.75)   

PREFACE TO THE SECOND PRINTING:

In the almost half century since the State of California published this book it has become a valuable aid to the understanding of the unique California water law. This book marks the path of the California's water laws from the 1848 Treaty of Guadalupe-Hidalgo and the camps of the forty-niners through the pivotal cases of Lux v. Haggin in 1886 and Katz v. Walkinshaw in 1903.

Perhaps the original book was intended for students and practitioners of the law.This book is still important, of course, to the legal profession, but I have seen a curiosity in the general public. Those with riparian property, or those with ditches or farm ponds under their care, want to know their rights and responsibilities. Also, there is a large group of people, aware that the amount of available water rarely matches the needs, that should know about the law of water rights simply because water is such an important element in our lives. Since California is the only state to begin as a dual rights state, the early California court history helps us to understand the water laws of all the western states.

The original book has become very hard to find and is expensive if found. This book should be a valuable reference book for all of us.

Out of respect to Wells Hutchins, the author of this book, I have changed nothing except to modernize some of the punctuation and to print some of the text in a larger font for clarity. A biography & photograph of the author have been added as well as a list of definitions of the legal words & phrases used.

Larry Otter ---- Springville, California

WELLS HUTCHINS BIOGRAPHY

TABLE OF CONTENTS

 

 

WELLS HUTCHINS BIOGRAPHY

 

One hallmark of economic development, and indeed of civilization itself, may be found in the rules men devise to order their access to resources. When ambitious men began to develop the West, they found English common law deficient in many respects. It failed to provide workable rules among men as they struggled to get, develop, and use water where water was relatively scarce and often vital to life itself. So new laws and new institutions had to be developed. They are still developing. The crucial role of these laws and institutions led Wells A. Hutchins to devote his professional life to their study and articulation.

Mr. Hutchins was born February 20, 1888, in Beatrice, Nebraska. He graduated in 1906 from Lawrenceville Academy in New Jersey and in 1909 he received a law degree, with highest honors, from George Washington University, Washington, D.C. Mr. Hutchins began his government career in 1908. Although in his long career he served under a number of different bureaus in the Department of Agriculture, his interests and field of work remained steadfastly on water laws. Except for military service as a 1st Lieutenant in the Infantry in World War I, he spent most of his long government career in Berkeley, California. Mr. Hutchins died September 19, 1970.

As a leading authority on water rights laws in the Western States, Mr. Hutchins wrote numerous books, reports, articles, and papers on the subject. He also assisted many States in formulating improved water laws. From 1942 to 1946, he served as chairman of a committee of the National Reclamation Association (now the National Water Resources Association) to formulate desirable water law principles for the West. He also lectured on water law and institutions at the University of California at Davis and Berkeley. Mr. Hutchins received the Superior Service Award from the Department of Agriculture, was made a life member of the National Reclamation Association in 1958 for outstanding services to the West, and received a number of other honors for his knowledge and accomplishments.

Photo taken from:

Hutchins, Wells. (Completed by Ellis and Debraal). Water Rights Laws in the Nineteen Western States. Washington D.C.: US Department Of Agriculture, 1971.

TABLE OF CONTENTS

STATE WATER POLICY

CONSTITUTIONAL AMENDMENT OF 1928
   Purpose of the
   Validity of the Amendment
   Effect Upon Water Rights

WATERCOURSES

CHARACTERISTICS OF WATERCOURSE
   Elements of Watercourse
   Classification of Flood Flows
   Collateral Questions Respecting Watercourses

PROPERTY RIGHTS IN WATER
   Water Flowing in Natural Stream
   Water Reduced to Possession by Means of Artificial     Structures

THE DUAL SYSTEMS OF WATER RIGHTS
   Water Rights Doctrines in California
   Establishment of the Appropriation Doctrine
   Establishment of the Riparian Doctrine
   Operation of the Dual Systems

APPROPRIATION OF WATER
   Waters Subject to Appropriation
   Who May Appropriate Water
   Relation of Land to Appropriation of Water
   Rights of Way
   Methods of Appropriating Water
   Restrictions Upon the Right to Appropriate Water
   Completion of Appropriation

THE APPROPRIATIVE RIGHT
   Property Characteristics
   Elements of the Appropriative Right
   Relative Rights of Senior and Junior Appropriators
   Inchoate Rights

EXERCISE OF THE APPROPRIATIVE RIGHT
   Diversion and Distribution Works
   Efficiency of Practices
   Rotation in Use of Water
   Preferences in Use of Appropriated Water
   Changes in Exercise of Rights

THE RIPARIAN RIGHT
   Accrual of the Right
   Property Characteristics
   Riparian Lands
   Riparian Proprietors
   Waters to Which Riparian Rights Attach
   Measure of the Riparian Right
   Purpose of Use of Water
   Storage of Water
   Exercise of the Riparian Right

THE PUEBLO WATER RIGHT
   Origin 
   Question of Local Law
   Extent of the Pueblo Water Right

PROTECTION OF WATER RIGHTS
   Appropriative Rights
    Burden of Proof

LOSS OF WATER RIGHTS
   Character of Right
   Abandonment
   Statutory Forfeiture
   Abandonment and Forfeiture Distinguished
   Adverse Possession and Use
   Estoppel

ADJUDICATION OF WATER RIGHTS
   Suits to Adjudicate Water Rights
      Reference by Court to State Water Rights Board
Statutory Adjudication Procedure
   Modification of Decrees

ADMINISTRATION OF WATER RIGHTS

INTERSTATE MATTERS
   Interstate Streams
   Colorado River Controversies

 

DIFFUSED SURFACE WATERS

CHARACTERISTICS OF DIFFUSED SURFACE WATERS
   Origin
   Situation
   Duration

RIGHTS OF LANDOWNERS
   Drainage and Obstruction of Flow
   Rights of Use


SALVAGED AND DEVELOPED WATERS

COMPARISONS
   Physical Distinctions
   Rights of Use:

SALVAGED WATERS

DEVELOPED WATERS
   Waters Added to a Stream

 

WASTE, SEEPAGE, AND RETURN WATERS

WASTE AND SEEPAGE WATERS

RETURN WATERS
   Statutory Appropriability
   Return Waters Within the Watershed
   Return Flow From Foreign Waters

SPRING WATERS

NATURE OF SPRING WATERS
   Definition of Spring
   Property Characteristics

RIGHTS OF USE
   Springs Tributary to Watercourses
   Springs Not Flowing From Land on Which Located
   Springs on Public Lands
   Sources of Spring Water

LOSS OF SPRING WATER RIGHTS
   Prescription


GROUND WATERS

CLASSIFICATION

DEFINITE UNDERGROUND STREAMS
   Characteristics
   Rights of Use

UNDERFLOW OF SURFACE STREAMS
   Characteristics
   Rights of Use

PERCOLATING WATERS
   Nature of Percolating Waters
   Rights of Use as Property
   Former Doctrine of Rights of Use
   The California Doctrine of Correlative Rights
   Appropriation of Surplus Percolating Waters
   Effect of Constitutional Amendment of 1928

ARTESIAN WATERS
   Rights of Use
   Artesian Wells

SOME FEATURES OF CONTROL AND USE OF GROUND WATERS
   Public Regulation of Water Wells
   Statutes Relating to Overdrawn Ground Water
      Supplies in Specified Areas
   Exercise of Ground Water Rights
   Protection of Ground Water Rights
   Adjudication of Ground Water Rights
   Loss of Ground Water Rights
   Coordination of Rights in Common Supply

INTERCONNECTED WATER SUPPLIES

SURFACE WATERS
   Watercourse
   Portions of Watercourse
   Watercourse and Tributary Springs
   Watercourse and Diffused Surface Waters

GROUND WATERS
   Percolating Water
   Percolating Water and Underflow of Stream

SURFACE WATERS AND GROUND WATERS
   Watercourse and Tributary Ground Water
   Watercourse and Escaped Percolating Water
   Spring and Tributary Ground Water

IN GENERAL

CASES CITED

CALIFORNIA SUPREME COURT
CALIFORNIA DISTRICT COURTS OF APPEAL
OTHER STATES
FEDERAL
UNITED STATES SUPREME COURT
ENGLISH


INDEX OF TOPICS

 

 

 

 

 

 

 

 

 

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