Water Rights ?

[et1955]

Does a person owning a claim in California own the water rights ?

 

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[chlsbrns]

the state says a riparian right does not apply un-appropriated un-developed federal lands, not sure if that's correct but
a mining claim is appropriated property with annual improvement requirements, fee title is with the U.S. but is an estate held in trust until patent.

US v. Shumway: “The Supreme Court has established that a mining ‘claim’ is not a claim in the ordinary sense of the word–a mere assertion of a right
–but rather is a property interest, which is itself real property in every sense, and not merely an assertion of a right to property.”

the full title of the 1966 mining act;
Mining Act of 1866
An Act granting the Right of Way to Ditch and Canal Owners over the Public Lands, and for other Purposes

section 9 contains right a way grant;
SEC. 9. And be it further enacted, That whenever, by priority of possession, rights to the use of water
for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same
are recognized and acknowledged by the local customs, laws, and the decisions of courts, the
possessors and owners of such vested rights shall be maintained and protected in the same; and the
right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed:
Provided, however , That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch
or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage
shall be liable to the party in jured for such injury or damage.

this was carried over to the mining law of 1872
in title 30 U.S.C. 42 section 2339 with close to the same wording

1979 Supreme Court Decision...

 

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[Goldwasher]

Oh one of those court decisions eh? Thanks winner for knowing what your talking about. Lot's of things put to paper before 1914.

 

[chlsbrns]

Oh one of those court decisions eh? Thanks winner for knowing what your talking about. Lot's of things put to paper before 1914.

Sorry but winner doesn't know what he is talking about. Obviously you don't know what you are talking about either.

US vs Shumway has nothing to do with water rights. Its about operating plans for a mill site, trash and stabling horses.

http://caselaw.findlaw.com/us-9th-circuit/1116427.html

 

[winners58]

reasonable use, beneficial use

Article X section 2 of the California Constitution;

Sec. 2:
It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner's land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled.

This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.

 

[chlsbrns]

reasonable use, beneficial use

Article X section 2 of the California Constitution;

Sec. 2:
It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner's land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled.

This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.

You must have missed where I posted the fact that a person must OWN property to have riparian rights. With the exception of the court case all of the FACTS that I posted came from a link that winners posted. A link to the same page that shows these FACTS...

State Water Resources Control Board

State Water Resources Control Board

State Water Resources Control Board

 

[winners58]

Faq's and Facts are not the same thing

much more complicated...
seems like mining claim is an acquisition of federal lands thus riparian rights and recognized by state law.
http://law.justia.com/cases/california/supreme-court/3d/44/448.html

if you're just using water for a high-banker on the weekend a claim owner has rights to reasonably use
to run a big wash plant then you should to have water rights on paper and deal with the waterboard
or risk having a hold up, years and years in court is not getting any mining done.

 

[chlsbrns]

Faq's and Facts are not the same thing

Thats such a lame statement! The questions are questions the answers to the faq's are facts!

 

[Clay Diggins]

FAQ
noun, plural FAQs, FAQ's. Chiefly Digital Technology.

a document, in question and answer format, that introduces newcomers to a topic or answers common questions.

Origin of FAQ
1985-90; f(requently) a(sked) q(uestions)
Can be confused
facts, FAQs, fax.

abbreviation
(computing) frequently asked question or questions: a text file containing basic information on a particular subject

 

[chlsbrns]

FAQ
noun, plural FAQs, FAQ's. Chiefly Digital Technology.

a document, in question and answer format, that introduces newcomers to a topic or answers common questions.

Origin of FAQ
1985-90; f(requently) a(sked) q(uestions)
Can be confused
facts, FAQs, fax.

abbreviation
(computing) frequently asked question or questions: a text file containing basic information on a particular subject

And Laws are Laws! You guys should read them and see if there are any LOL "confused facts" in their faq's! Lol!

Statutory Water Rights Laws - effective January 1, 2016
California Water Code (particularly Division 2) and other California Code sections relevant to water rights

http://www.waterboards.ca.gov/laws_regulations/docs/wrlaws.pdf

 

[russau]

Man O man , you Cal guys NEED to CHANGE your legislators!!!!!