Originally Posted by
Danno
I don't follow CA law closely, certainly not anymore, but the prior appropriation doctrine should apply to tributary GW, end of story. I do not believe it does in CA, at least it didn't. The public trust doctrine is entirely different, as many streams are not "navigable" or tributary to a nearby navigable waterway.
And Arizona for one still does not recognize the connection; the PA doctrine does not preclude the pumping of tributary groundwater except in certain specialized zones.