What is the law of capture?

The law of capture is a principle of water law in California, which states that a person who has taken water from a source of water, such as a river, is entitled to use the water for their own needs and purposes, so long as they have done so without interfering with the rights of another person. This right of capture is known as the right to divert water and it is considered an absolute right in California. The law of capture allows a person to take water as long as they are not interfering with the rights of another person. As such, a person is allowed to take a certain amount of water from a stream without having to get a permit or without having to pay a fee. The amount of water that a person is allowed to take depends upon the amount of water in the stream. If the stream is flowing, then the water has been captured through a natural process. If the stream is not flowing, then the person may have to apply for and obtain a permit or pay a fee to take the water. The law of capture applies to both surface and groundwater sources. The owner of the water rights can take water from either source as long as they are not interfering with the rights of another person. This means that a person may take water from a stream without getting a permit or paying a fee and may use the water for any purpose. The law of capture is an important concept in water law as it allows for a person to take and use water for their own needs without interfering with the rights of another person. This helps ensure that everyone in California can access the water that they need without infringing on the rights of another person.

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What is the law of capture?

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