## Facts

- A statutory stream-system adjudication was initiated under California Water Code § 2500 et seq. to determine all rights in the Long Valley Creek Stream System, including Balls Creek.
- The State Water Resources Control Board granted the petition, conducted hearings and investigations, and issued an Order of Determination allocating rights within the system.
- Donald E. Ramelli owned land within the system, including 89 acres historically irrigated and about 2,884 additional acres alleged to be riparian but not yet irrigated for beneficial use.
- The Board recognized Ramelli’s riparian right to irrigate the 89 historically irrigated acres.
- The Board refused to recognize any riparian right for the additional 2,884 acres, effectively eliminating any prospective riparian use on those lands.
- Ramelli filed exceptions in superior court; the court rejected them and entered a decree consistent with the Board’s order.
- Ramelli appealed, challenging the Board’s authority to eliminate his future riparian rights in the adjudication.

## Issues

1. Whether, in a Water Code § 2500 et seq. adjudication, the Board has authority to define and limit prospective riparian rights to promote the most reasonable and beneficial use of water.
2. Whether the Board may completely extinguish a riparian landowner’s future riparian rights without establishing that less severe restrictions would be insufficient to achieve reasonable and beneficial use.

## Decision

- The California Supreme Court reversed the superior court’s judgment and remanded.
- The Court held the Legislature granted the Board broad authority in statutory adjudications to ascertain, define, and limit future riparian rights to further reasonable and beneficial use.
- The Court held the Board exceeded its authority by completely extinguishing Ramelli’s prospective riparian rights on the 2,884 acres without showing that less severe restrictions would not promote reasonable and beneficial use as effectively.
- On remand, proceedings were required to apply the statute consistent with recognizing that future riparian rights may be limited but not extinguished absent the required showing.

## Legal Principles

- In stream-system adjudications under Water Code § 2500 et seq., the Board has broad authority to determine the nature and scope of riparian and appropriative rights, including prospective riparian rights.
- The Board may define and limit prospective riparian rights (e.g., by quantification, conditions, priority subordination, or other constraints) when necessary to promote the most reasonable and beneficial use of water and prevent waste.
- Absent a demonstrated necessity, the statutory scheme does not authorize complete extinction of future riparian rights; the Board must establish that less severe restrictions cannot achieve the same reasonable-beneficial-use objectives.
- Statutes are construed, where fairly possible, to avoid substantial constitutional questions; this informs limits on administrative power to eliminate riparian rights wholesale.

## Conclusion

The court confirmed the Board’s broad power to regulate and limit prospective riparian rights in comprehensive water-right adjudications, but rejected outright elimination of unexercised riparian rights unless the Board first demonstrates that no lesser regulatory limits would accomplish the state’s reasonable and beneficial use goals.


In re Waters of Long Valley Creek Stream System, 25 Cal. 3d 339, 599 P.2d 656 (Cal. 1979)