Places Of Use – Adjudicated (Decreed) In The State Superior Court

For adjudicated or decreed water rights, the place of use is usually defined in maps created for an engineering report.  The State Superior Court (Court) in the particular County of the court case often uses these maps, making a few changes by text when the decree is finally issued.

In the South Cow Creek Decree (Decree), formally known as Shasta County State Superior Court Case Number 38577, the maps were created by a prior engineering report. This 1968 decree defined all water rights for South Cow Creek, Old Cow Creek, and their tributaries.  Maps show owners at the time the initial report was written, Sections divided up into 1/4 1/4 Sections (~40 acres each), points of diversion, irrigated lands, and other features.

South_Cow_Sht5_Hall_small

The clip above is from Decree Sheet 5, which is centered on the SW 1/4 of Section 13, Township 31 North, Range 3 W.  In the short hand of the Decree, it is the SW 1/4 (Section) 13 T31N R3W.  These were the irrigated lands of Jura Lawrence Hall.

 

South_Cow_Sch1_Hall_small

The Place Of Use is shown in Schedule 1 of the decree, excerpted above.  Each piece of the irrigated acreage is listed.  Some are footnoted is being “dormant riparian land”, not irrigated at that time.

 

South_Cow_Sch2_Hall_POD_small

The excerpt above, from Decree Schedule 2 shows the points of diversion for Hall, Numbers 78 and 79.  These diversions are shown as circled numbers with arrows on the map above.  In Schedule 2, the points of diversion are listed as being so many feet at some angle, distant from a Section Corner or other point.

So, the place of use and point of diversion can still be located on the ground today, with an error that might be as little as 20 feet, or as great as 300 feet (sometimes more than that.  This is enough to define where the court order, the Decree, allows water to be diverted and applied on the land that originally belonged to Jura Lawrence Hall.

 

The following excerpt from Schedule 6 shows the water rights for Hall.  There are first priority, second priority, and fourth priority rights.  Where exactly do these rights go, and what are they for?  That’s a story for a future post, more likely several posts.

South_Cow_Sch6_Hall_Allot_small

 

In this world, it seems that the only constant is change, and that goes for land ownership, too.  The aerial photo below shows ownership lines on Hall’s lands today.  Notice that there are 10 parcels, most with some portion of the decreed water right:

South_Cow_Sht5_Hall_Owner_Lines_2015_small

How are the water rights divided up?  Who gets some, and how much?  That falls under the heading of apportioning water rights, also a story for a later post.

It is interesting, isn’t it?  Now we start to see why there is some confusion about water rights, and who has them, and how they can demonstrate that.  As you might guess, there have been lawsuits since the original 1968 Decree to define the rights better.

Water Rights – Why Do They Exist? Which Kinds Are There?

Why is there such a thing as water rights? Water is something everyone needs. Except maybe W.C. Fields; he tried to stick to alcohol and when offered water said, “Can’t stand the stuff.” Anyway, water is a shared resource, and in some places there isn’t enough for what people need (or at least want).

California is mostly desert where people live and where food is grown. Water is scarce when it comes to all desired uses. Even in a wet year, surface water flows decrease through the summer and fall.

If you did not have enough water, how would you get it? Use more from the city, buy it from the water district, drill a well, truck it in, or dig a ditch from a creek or river. No matter how you get it, in California it got to you under some kind of right.

What kind of surface water rights are there? The simple list is, and I am sure this leaves out a few:

  1. Riparian – a parcel that touches a stream, spring or lake may use a ” reasonable and beneficial” amount, quantity and rate undefined, per the California Constitution, Article X, Section 2
  2. Rancho rights granted by the government of Spain or Mexico, prior to Statehood in 1850
  3. Pueblo rights, the one belonging to Los Angeles being famous
  4. Appropriative in 1913 and prior, aka “pre-1914”, for parcels not touching a body of water, which started with gold mining and is now mostly for agriculture, environmental, and urban/industrial uses
  5. Appropriative post-1914, issued by the State Water Resources Control Board
  6. Adjudicated, or decreed, from Federal District or State Superior Court
  7. Groundwater from a well, similar to surface water riparian but for the overlying land
  8. Prescriptive, which isn’t a definite right until decreed by a court
  9. Contracts, which are not rights but rely on some already-existing right

That’s useful to know even in summary form. Of course there are books, court cases, both in the thousands, and the California Water Code, and interstate compacts that more particularly define what these are.

Which are better or “senior” rights? That’s for later posts.

All Water Rights, California

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