A recent case out of California's First District Court of Appeal (unpublished) held that there is no inchoate right to a future unexercised appropriative groundwater right. Citing prior published case law, the First District Court of Appeal held that an overlying groundwater right does not include a dormant future appropriative groundwater right. The court determined that unlike dormant overlying rights, appropriative groundwater rights are created only when there is an actual diversion and use of groundwater, The Law Offices of Matthew Emrick represented the District in the litigation and Appeal.
William and Tona Moores v. Irish Beach Water District First District Court of Appeal A151867 (Nov. 2021). Unpublished.