California Instream Transfers. Allan Lilly Rob Donlan Bill Hutton Andy Sawyer Nicolas Jacobs. photos: San Joaquin River Restoration Program. Basic Nature Water Rights. No private ownership of water flowing in a natural stream. (See Wat. Code, § 102.)
Allan Lilly Rob Donlan Bill Hutton Andy Sawyer Nicolas Jacobs
photos: San Joaquin River Restoration Program
“[T]he words ‘material injury’ implies that every diminution is not any injury, and it excludes, where water is reasonably used above for irrigation, mere sentiment, or the consideration of a diminution from the natural flow so far merely as such flow pleases the eye or gratifies a taste for the beautiful.” (Lux v. Haggin (1886) 69 Cal. 255, 396.)
“The appropriation [of water] must be for some useful or beneficial purposes . . . . (Wat. Code, § 1240.)
“The use of water for recreation and preservation and enhancement of fish and wildlife is a beneficial use of water.” (Wat. Code, § 1243 [added in 1959].)
New Melones – photo USBR
Salton Sea – photo K. Kashmi
California Trout v. State Water Resources Control Board (1979) 90 Cal.App.3d 816; Fullerton v. State Water Resources Control Board (1979) 90 Cal.App.3d 590.)
Redwood Creek -- photo Parks Conservancy
Mattole River -- photo Mattole River Council
1707. (a) (1) Any person entitled to the use of water, whether based upon an appropriative, riparian, or other right, may petition the board . . . for a change for purposes of preserving or enhancing wetlands habitat, fish and wildlife resources, or recreation in, or on, the water.
. . . .
(b) The board may approve the petition . . . . whether or not the proposed use involves a diversion of water . . . .
1707. (a) (1) Any person . . . may petition the board pursuant to [the provisions of the Water Code for changes in point of diversion, place of use or purpose of use] . . . .
. . . .
(b) The board may approve the petition . . . subject to any terms and conditions which, in the board's judgment, will best develop, conserve, and utilize, in the public interest, the water proposed to be used as part of the change . . . If the board determines that the proposed change meets all of the following requirements:
(1) Will not increase the amount of water the person is entitled to use.
(2) Will not unreasonably affect any legal user of water.
(3) Otherwise meets the requirements of this division.
50% return flow
Any person or entity capable of owning real property. (See Wat. Code, § 1252.5 [All rights and privileges conferred by this part upon any person in relation to the appropriation of water are likewise conferred upon the United States, the State, and any entity or organization capable of holding an interest in realproperty in this State.”])