IBEIGATION FROM SAN JOAQUIN RIVER. 235 



past their lands for that purpose within reasonable limits. Rights acquired under 

 the civil, Spanish, and Mexican laws before California was transferred to the United 

 States were also by treaty and statute fulh' protected. 



STATUTORY LAWS RELATING TO WATER RIGHTS. 



On the 1st of January, 1873, the civil code of California went into effect. Among 

 its provisions are the following for the acquisition of water rights: 



Sec. 1410. The right to the use of running water flowing in a river or stream or down a canyon 

 or ravine may be acquired by appropriation. 



Sbc. 1411. The appropriation must be for some useful or beneficial purpose, and when the 

 appropriator or his successor in interest ceases to use it for such a purpose the right ceases. 



# ***** # 



Sec. 1414. As between appropriators the one first in time is the first in right. 

 Sec. 1415. A person desiring to appropriate water must post a notice in writing in a conspicuous 

 place at the point of intended diversion, stating therein: 



(1) That he claims the water there flowing to the extent of (giving the number) inches, measured 

 under a four-inch pressure. 



(2) The purpose for which he claims it. and the place of intended use. 



(3) The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct 

 in which he intends to divert it. 



A copy of the notice must, within ten days after it is posted, be recorded in the office of the 

 recorder of the county in which it is posted. 



It will be observed that the particular form of notice is not prescribed. The 

 courts have decided that the notice need merely be sufficient to give any intelligent 

 man proper warning, and its language must be liberally construed. 



Due diligence in diverting the water and completing the works after the posting 

 of the notice is required by law, and neglect to comply with this regulation brings 

 forfeiture as against a subsequent claimant who has complied with the law. 



RIGHTS OF RIPARIAN PROPRIETORS. 



In the civil code it was provided, by section 1422, that "The rights of riparian 

 proprietors are not affected by the provisions of this title."' This section was repealed 

 by the legislature in 1887, with a proviso. Sections 1 and 2 of the repealing act read, 

 in part, as follows: 



Sec. 1. Section 1422 (describing) is hereby repealed; provided that the repeal of this section shall 

 not in any way interfere with any rights already vested. 



Sec. 2. This act shall take effect from and after its passage. 



Although this repealing statute seemed to be, at the time of its passage, positive 

 and definite in its intention to absolutely abolish the riparian law, yet it has been held 

 by the courts to in no wise affect the riparian rights of private lands, and to apply 

 only to the public lands and their waters belonging to the United States. 



AVith the exception of the act repealing the law of riparian rights, the statutory 

 enactments previously given simply embody the princioles and practice in the matter 

 of water rights previously recognized in the State. 



