What is the law of riparian succession?
Riparian succession is a legal principle of water law in California. It dictates who or what has the right to access water from a particular water source, such as a river or stream. Under this principle, land owners who own property that borders a water source, known as “riparian owners”, are given priority over non-riparian owners when it comes to rights to the water. In other words, riparian owners automatically have the right to use, divert, and store water on their own land that is naturally flowing and adjacent to their property. This right is known as the right of riparian succession, and it is one of the oldest water law principles in California. Riparian owners must, however, share their water source and use the water in a reasonable and beneficial manner. Reasonable and beneficial use means that the water must be used for domestic purposes and not wasted. Riparian owners who fail to do this may be subject to lawsuits or penalties, as well as being ordered to shut down operations or pay for damages. Riparian successions are generally considered to be an important part of protecting California’s water resources. It helps to ensure that water sources are not used up by any single user, and that water is shared and used in an equitable manner. Riparian rights can be transferred or sold, but those transfers must be approved by California courts.
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