Under existing law, the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the reversion of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made.
This bill would revise the above declaration to additionally provide that certain uses of stored water while underground constitute beneficial use.
instead provide that any diversion of water to underground storage constitutes a diversion of water for beneficial use for which an appropriation may be made if the diverted water is put to beneficial use, as specified. The bill would provide that the forfeiture periods of a water right do not apply to include any period when the water is
being beneficially used, as provided, or used in the aquifer or storage area or is being held in underground storage for later application to beneficial use.