Office of the Delta Watermaster
Release of Memo Regarding Claimed Overlap Between Riparian and Pre-1914 Water Rights in the Delta
A memorandum entitled, “Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta” (Overlap Memo) was prepared under supervision of the Delta Watermaster. The Overlap Memo describes current California water rights law as applied to the assertion that riparian and pre-1914 water right claims within the Delta can only be distinguished through adjudication of such claims, that is, through an adversarial process resulting in a final decision by a court. The Overlap Memo and the points and authorities cited there in essentially rebut that assertion.
Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta