What is a prescriptive right?
A prescriptive right is a right that is acquired through adverse possession of someone else’s water right. It is similar to a “squatter’s right” to land. Prescriptive rights are difficult to obtain and can only be granted by a court. Most people in California do not have and cannot acquire a prescriptive right. The courts have clarified that since 1914, the only way to acquire a new water right is to apply for and receive a water right permit from the State Water Board.
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