California Real Estate SalespersonProperty Ownership and Land Use ControlsHard
A parcel of land borders a natural, year-round flowing stream. The owner wishes to use a reasonable amount of the stream's water on the land immediately adjacent to the watercourse without applying for a state permit. This type of water right is known as a:
- AAppropriative right
- BPrescriptive right
- CLittoral right
- DRiparian right
Show answer & explanationAnswer & explanation
Correct answer: D. Riparian right
A riparian right allows an owner of land bordering a natural watercourse, such as a stream or river, to make reasonable use of the water on the land adjacent to that watercourse, without needing a state permit, because the right arises automatically from land ownership.
Why the other options are wrong
- A. An appropriative right requires a state permit and applies to water diverted for use on non-adjacent land, unlike riparian use.
- B. A prescriptive right to water requires open, adverse use over a statutory period, not simple land ownership.
- C. A littoral right applies to land bordering standing water, such as a lake or ocean, not a flowing stream.
Riparian Water Rights
The right of a landowner whose property borders a natural watercourse to make reasonable use of that water on land adjacent to the watercourse, without needing a permit.
- Applies to flowing water such as rivers and streams
- Attaches automatically to the land, doesn't require permit
- Contrast with littoral (standing water) and appropriative (permitted diversion) rights
Memory trick: Riparian = river-adjacent — water rights ride along with the land.