California Water Rights 101

Dual System (Prior Appropriation + Riparian)

California's unique system combines both doctrines, with pre-1914 riparian rights and post-1914 appropriative rights.

Key Principles

• •Pre-1914 appropriative rights and riparian rights are not administered by the state
• •Post-1914 appropriative rights require State Water Board permits
• •Groundwater management transformed by 2014 SGMA law (Sustainable Groundwater Management Act)
• •Extensive water markets with active trading
• •Senior water rights holders often have priority over even the state

How to Buy Water Rights in California

1. 1
   Research existing rights. Contact the California state water resources department to look up water rights records in the area of interest. Most western states maintain searchable public records.
2. 2
   Verify priority date and quantity. Under Dual (Prior Appropriation + Riparian), the priority date determines seniority and therefore the value and reliability of the right during shortages.
3. 3
   Conduct due diligence. Verify historical beneficial use, check for forfeiture risk, and confirm the right is current with the state agency.
4. 4
   Hire a California water rights attorney. Water rights transactions are legally complex and state-specific. Always retain a licensed California water rights attorney before closing.
5. 5
   File transfer with the state. Most transfers require state approval. Change of ownership, point of diversion, or use typically require formal filings.