What is a plaintiff's right to a proportional share of water from a stream?
California, United States of America
The following excerpt is from Pleasant Valley Canal Co. v. Borror, 61 Cal.App.4th 742, 72 Cal.Rptr.2d 1 (Cal. App. 1998):
"... has no right to any mathematical or specific amount of the water of a stream as against other like owners. He has only a right in common with the owners to take a proportional share from the stream--a correlative right which he shares reciprocally with the other riparian owners. No mathematical rule has been formulated to determine such a right, for what is a reasonable amount varies not only with the circumstances of each case but also varies from year to year and season to season...." (Prather v. Hoberg (1944) 24 Cal.2d 549, 559-560, 150 P.2d 405.)
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