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Basically, the state of California and the federal government owns all the water in the state. It is through licenses, permits, contracts, and government approval that individuals and entities are allowed to "use" the water. Therefore, a water right is not an ownership right, but rather a use right.
California has a dual system of water rights that recognizes both riparian and appropriative rights. As mentioned above, there are four main types of water rights that pertain to surface water: riparian rights, pre-1914 and post-1914 appropriative rights, and prescriptive rights.
As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any change of ownership unless the change is challenged.
The process is easy. Forms are available at: . The forms may be sent electronically, by mail, or fax. Questions regarding the forms may be sent to: changerequest@waterboards.ca.gov.
The Water Rights Process. A water right is a legal entitlement authorizing water to be diverted from a specified source and put to beneficial, nonwasteful use. Water rights are property rights, but their holders do not own the water itself. They possess the right to use it.
The California State Water Project, launched in 1960, is the largest water-transfer system ever undertaken. It is designed to deliver water daily from the Feather River (a tributary of the Sacramento River) in north-central California to communities as far south as the Mexican border.
Filing an Application. The process is initiated when a permit application is filed by the person or agency desiring to divert water. This application specifically describes the proposed project's source, place of use, purpose, point(s) of diversion and quantity to be diverted. Acceptance of Application.