What are water rights in terms of land ownership?

Water rights are a form of property law that is based on the notion of prior appropriation. This means that the right to use a certain amount of water is awarded to the first person to divert and put that water to beneficial use. In California, water rights are transferred from the state to private individuals when a landowner appropriates water from a water source. Under the principle of prior appropriation, the first person to claim a water source for beneficial use has the right to use it. This means that if multiple people are attempting to appropriate a particular water source, the first person to claim that source will receive the right to use it. For example, if Farmer A has a piece of land with a stream running through it, they may claim the right to divert the water from the stream and use it on the land. The right to this water is then attached to the land, meaning that if Farmer A transfers the property to another party, they will also transfer the right to use the water. In short, water rights in California are related to land ownership in that they are transferred with the transfer of a property and are awarded to the first person to claim the right to divert a water source. The right to use that water for beneficial purposes then remains with the owner or owners of the land.

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