Water Rights Administration on the Truckee River Today Sample Clauses

Water Rights Administration on the Truckee River Today. Water rights in California and Nevada generally are administered by SWRCB and the State Engineer, respectively. California surface water rights may be held under riparian or appropriative rights or certain other doctrines. California has no statewide system for administering groundwater rights, except for subterranean streams flowing through known and definite underground channels; such water is subject to the water rights process for surface water (CWC section 1200).16 Nevada water law is based on the appropriative rights doctrine with a statewide water rights system for administering both surface water and groundwater. In California, under the riparian rights doctrine, persons owning land adjacent to a stream or a lake have the right to make reasonable use of the water’s natural flow (precluding long- term storage) on such lands within the watershed of the stream or lake. All riparians share the natural flow irrespective of priority (see following), and their rights are correlative; if the flow decreases, each riparian’s share decreases proportionately. Riparian rights may not be used outside the the boundaries of the riparian holding, and cannot be sold or transferred for use on nonriparian land. Riparian rights are not lost through nonuse or forfeiture. No water right permit is required for riparian use in California, but such users are required to file a “Statement of Water Diversion and Use” with SWRCB. There are few riparian rights on the Truckee River, and no riparian rights are involved in TROA. In California and Nevada, the appropriative rights doctrine is based on the concept of first in time, first in right, i.e., the first person to take a quantity of water and put it to beneficial use (e.g., agriculture, M&I, domestic use, hydroelectric power generation, or recreation) has a higher (“senior”) priority of right of use than a subsequent (“junior”) appropriative user. Senior rights must be fully satisfied before a junior appropriator may divert water. A person initiating a modern appropriative right must file an application with SWRCB or the Nevada State Engineer. Approval of the application results in the issuance of a water right permit, which may later be converted into a license (California) or certificate (Nevada). At the time of licensing or certification, the right may be limited to what the permittee has actually used. The license, certificate, or permit will identify point(s) of diversion, purpose(s) of use, and place(s) of use for the ...
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