The California Law Of Water Rights, 2nd Printing

$80.00

The California Law Of Water Rights, 2nd Printing
By Wells A. Hutchins

Hardbound, 547 pages

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The California Law Of Water Rights, 2nd Printing
By Wells A. Hutchins

Hardbound, 547 pages

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.

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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