Riparian Rights: Who Owns The River?

In California, the right to use water is granted through the legal system. Some residents have “riparian” rights to the water because they own land next to the river. Others have “appropriative” rights and are allowed to harness the water for public use, like irrigation or city water. Before 1914, the right to water could be claimed by simply posting a notice, which led to disagreement over who could use it. After 1914, the California State Water Resource Control Board (SWRCB, also called the State Water Board), started a formal permit process to manage all new water rights. Anyone with established water rights before 1914 does not need a permit.

Generally, the people who own land near the river have priority to use the water over people who will funnel it elsewhere. However, during drought years, the State Water Board announces limits on the amount of water that all people can draw from the river. Today, East Bay Municipal Utility District (EBMUD) holds water rights to water through the Pardee and Camanche Reservoirs. Pacific Gas & Electric (PG&E) holds rights for hydroelectric use and operates four dams on the North Fork of the Mokelumne River to generate electricity. The Woodbridge Irrigation District, who have the oldest water rights on the river, provides water to residents of Woodbridge, Thornton, Lodi, and Stockton. The State Water Board has declared the Mokelumne River “fully appropriated” from March through November every year, which means no further water can be diverted from the river during this time.