Why is the year 1914 important in California water law?

Because it marks the start of California's modern water-permit system. An appropriative right established after 1914 requires a permit from the State Water Resources Control Board. A pre-1914 appropriative right, created before the permit system existed, does not require a board permit and is generally senior to later permitted rights, though the holder must still report diversion and use. The pre-1914 versus post-1914 line determines whether the board's permit authority applies.

Are riparian rights senior to appropriative rights?

As a general matter, yes. A riparian right is generally senior to an appropriative right, so in times of shortage the reasonable needs of riparian owners are considered before junior appropriators may divert. Among riparian owners themselves, rights are correlative, meaning they share the supply and each reduces use proportionally in a shortage rather than by strict seniority. Among appropriators, priority is by date under first in time, first in right.

Do I need a permit to use water on my land?

It depends on the right. Riparian use of a natural watercourse bordering your land requires no permit, and pumping percolating groundwater as an overlying owner generally requires no state water-right permit, though local groundwater management may apply. A post-1914 appropriative diversion does require a permit from the State Water Resources Control Board. Even where no permit is required, all use remains subject to the constitutional reasonable-use rule and the public trust doctrine.

How does California treat groundwater?

Largely through court-made doctrine. An overlying owner has a correlative right to reasonable, beneficial use of groundwater on the overlying land, analogous to a riparian right. Surplus groundwater beyond overlying needs may be appropriated for non-overlying use, ranked by first in time, first in right. Many basins are now also subject to local plans under the Sustainable Groundwater Management Act, but the correlative-rights framework remains the doctrinal core.

What limits apply to every water right?

Two big ones. The reasonable-use rule from the California Constitution applies broadly to all water rights, so no right — however senior — justifies unreasonable use or waste. The public trust doctrine protects navigable waters and related public-trust resources, and can also matter where groundwater pumping affects those resources. Together they give the state continuing oversight even of rights that need no permit.

California Water Rights: Riparian vs Appropriative

TL;DR

California is a "dual system" state for surface water: it recognizes both riparian rights and appropriative rights, and it treats groundwater under a separate set of doctrines. A riparian right belongs to the owner of land that touches a natural watercourse, entitles that owner to a reasonable, correlative share of the natural flow, requires no permit, and cannot be sold apart from the land. An appropriative right is based on diverting water for beneficial use and follows the rule "first in time, first in right," so earlier users are senior to later ones; it is not tied to adjacent land and can serve distant or municipal uses. The dividing line in appropriative rights is 1914: a post-1914 appropriative right requires a permit from the State Water Resources Control Board, while a pre-1914 right does not, though it must still be reported. As a general matter, riparian rights are senior to appropriative rights. Groundwater is governed largely by court-made rules: overlying owners hold correlative rights analogous to riparian rights, and surplus groundwater may be appropriated for use on non-overlying land. Every water right is subject to the California Constitution's command that use be reasonable and beneficial; the public trust doctrine separately protects navigable waters and related public-trust resources and can affect water use where those resources are impacted.

The dual system: two kinds of surface-water rights

California's surface-water law grew out of two traditions that the state never fully chose between. The riparian doctrine came from the common law and ties water rights to land ownership along a stream. The appropriative doctrine came from Gold Rush practice, where miners and farmers diverted water to wherever they needed it, and rewarded whoever put the water to use first. California kept both, producing a dual system in which a single watercourse can be subject to both riparian and appropriative claims.

Understanding the difference between the two is the heart of the topic. Riparian rights attach to the land; appropriative rights attach to use. Riparian rights are shared correlatively among neighbors on the stream; appropriative rights are ranked strictly by seniority. And the two systems interact through a priority rule: as a general matter, a riparian right is senior to an appropriative right, so in a shortage the riparian owners' reasonable needs are considered before junior appropriators can take.

Riparian rights

A riparian right belongs to the owner of land that abuts a natural watercourse — a river, stream, or lake. It entitles that owner to make reasonable use of a correlative share of the water that would naturally flow past the property. Several features define it. It requires no permit or government approval, because it arises from land ownership itself. It is correlative, meaning riparian owners share the available supply and, in a shortage, each must reduce use so the burden is shared rather than imposed entirely on junior users. And it cannot be transferred separately from the land; sell the land and the riparian right goes with it, but the right cannot be carved off and sold on its own.

Riparian rights apply only to the water that would naturally flow in the watercourse, and only to use on the riparian parcel within the watershed. They do not extend to storing water across seasons in the way an appropriative right can, and they are still subject to the overriding reasonable-use limitation discussed below.

Appropriative rights and the 1914 line

An appropriative right is acquired by diverting water and putting it to beneficial use, regardless of whether the land is next to the source. This is what allows water to be moved to non-adjacent farmland or to a city. The organizing principle is priority: "first in time, first in right," so an earlier appropriator is senior, and a senior appropriator's established use is protected against later, junior users.

The critical dividing date is 1914, when California's modern water-permit system began. A post-1914 appropriative right must be obtained through a permit from the State Water Resources Control Board, which reviews availability, prior rights, and instream needs before issuing the permit and later a license. A pre-1914 appropriative right, established before that system existed, generally does not require a State Water Board permit and is generally senior to permitted rights, though holders generally must file statements and report diversion and use to the board. This pre-1914 versus post-1914 distinction is one of the most heavily tested points in California water law, because it determines whether the state's permit authority even applies to a given right.

Right	Basis	Permit	Priority
Riparian	Ownership of land touching the watercourse	None required	Generally senior to appropriative; correlative among riparians
Pre-1914 appropriative	Diversion and beneficial use before 1914	None required (must report)	Senior to post-1914 appropriative
Post-1914 appropriative	Diversion and beneficial use	State Water Board permit required	Junior; ranked first in time, first in right

Groundwater and the limits on all rights

Groundwater in California is governed largely by court-developed doctrine rather than a single permit statute. An overlying owner — someone whose land sits above the aquifer — has a correlative right to the reasonable and beneficial use of groundwater on the overlying land, a right the courts treat as analogous to a riparian right to surface water. When groundwater is surplus to the reasonable needs of overlying owners, it may be appropriated for use on non-overlying land, with priority among appropriators again following first in time, first in right. In many basins this common-law picture is now overlaid by local management under the Sustainable Groundwater Management Act, but the underlying correlative-rights framework is what the exam tests.

Two limits sit on top of every water right in California, no matter its type or seniority. First, the California Constitution requires that all water use be reasonable and beneficial and forbids waste, so even a senior right cannot justify unreasonable use. Second, the public trust doctrine, recognized by the California Supreme Court, obligates the state to consider and protect public-trust resources such as navigable waters and fisheries when allocating water. These doctrines apply across surface water and groundwater alike and give the state ongoing authority even over rights that need no permit. Water availability and hazards tied to a property are also part of what California requires sellers to disclose; for that regime, see our guide to the Natural Hazard Disclosure Statement. This reasonableness principle echoes limits found throughout California property regulation; for a related example of how the state constrains an owner's use in the public interest, see our guide to the Costa-Hawkins Rental Housing Act.

Frequently Asked Questions

What is the difference between riparian and appropriative water rights?: A riparian right belongs to the owner of land touching a natural watercourse and gives a reasonable, correlative share of the natural flow, with no permit and no ability to sever it from the land. An appropriative right is based on diverting water and putting it to beneficial use, is not tied to adjacent land, and is ranked by seniority under "first in time, first in right." Riparian rights attach to land; appropriative rights attach to use.
Why is the year 1914 important in California water law?: Because it marks the start of California's modern water-permit system. An appropriative right established after 1914 requires a permit from the State Water Resources Control Board. A pre-1914 appropriative right, created before the permit system existed, does not require a board permit and is generally senior to later permitted rights, though the holder must still report diversion and use. The pre-1914 versus post-1914 line determines whether the board's permit authority applies.
Are riparian rights senior to appropriative rights?: As a general matter, yes. A riparian right is generally senior to an appropriative right, so in times of shortage the reasonable needs of riparian owners are considered before junior appropriators may divert. Among riparian owners themselves, rights are correlative, meaning they share the supply and each reduces use proportionally in a shortage rather than by strict seniority. Among appropriators, priority is by date under first in time, first in right.
Do I need a permit to use water on my land?: It depends on the right. Riparian use of a natural watercourse bordering your land requires no permit, and pumping percolating groundwater as an overlying owner generally requires no state water-right permit, though local groundwater management may apply. A post-1914 appropriative diversion does require a permit from the State Water Resources Control Board. Even where no permit is required, all use remains subject to the constitutional reasonable-use rule and the public trust doctrine.
How does California treat groundwater?: Largely through court-made doctrine. An overlying owner has a correlative right to reasonable, beneficial use of groundwater on the overlying land, analogous to a riparian right. Surplus groundwater beyond overlying needs may be appropriated for non-overlying use, ranked by first in time, first in right. Many basins are now also subject to local plans under the Sustainable Groundwater Management Act, but the correlative-rights framework remains the doctrinal core.
What limits apply to every water right?: Two big ones. The reasonable-use rule from the California Constitution applies broadly to all water rights, so no right — however senior — justifies unreasonable use or waste. The public trust doctrine protects navigable waters and related public-trust resources, and can also matter where groundwater pumping affects those resources. Together they give the state continuing oversight even of rights that need no permit.

Bottom Line

California runs a dual system of surface-water rights plus separate groundwater doctrine. Riparian rights attach to land touching a watercourse, give a reasonable correlative share of natural flow, need no permit, and cannot be severed from the land. Appropriative rights attach to beneficial use, follow "first in time, first in right," and split on 1914: post-1914 rights require a State Water Resources Control Board permit, pre-1914 rights do not but must be reported, and riparian rights are generally senior to both. Groundwater turns on correlative overlying rights analogous to riparian rights, with surplus subject to appropriation and, increasingly, local management under the Sustainable Groundwater Management Act. Above all of it sits the universal constitutional requirement of reasonable and beneficial use, plus the public trust doctrine where navigable waters or related public-trust resources are affected. For a related example of the state limiting private use in the public interest, see our guide to the Costa-Hawkins Rental Housing Act, and for the licensing framework generally, the DRE licensing structure.

Source: California State Water Resources Control Board — Water Rights FAQs · State Water Board — Water Rights Process overview · California Water Code § 1201 et seq. — appropriation and Board jurisdiction