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California Court Clarifies Issues Around Prescriptive Surface Water Rights
According to a recent California appellate court decision, lower riparian owners can acquire prescriptive water rights by adverse use, and the acknowledgment of an upper riparian owner's water rights through failed negotiations does not destroy a lower riparian owner's claim to adverse possession. The court addressed two unsettled issues in California water law, including the following: whether prescriptive water rights in surface water may be perfected between private parties; and, whether recognition by an adverse possessor of a record owner's water rights can defeat prescriptive use.
California Court Clarifies Issues Around Prescriptive Surface Water Rights
According to a recent California appellate court decision, lower riparian owners can acquire prescriptive water rights by adverse use, and the acknowledgment of an upper riparian owner's water rights through failed negotiations does not destroy a lower riparian owner's claim to adverse possession. The court addressed two unsettled issues in California water law, including the following: whether prescriptive water rights in surface water may be perfected between private parties; and, whether recognition by an adverse possessor of a record owner's water rights can defeat prescriptive use.
California Court Clarifies Issues Around Prescriptive Surface Water Rights
Journal ‐ American Water Works Association ; 100 ; 18-20
2008-09-01
2 pages
Article (Journal)
Electronic Resource
English
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