Water Well on Property

[NoJustice]

Rural California.

Is there anything in California Water Codes or other California codes that could be used to prevent me from having "first rights" to the water coming from a well that is located on my property?

A neighbor has been using the water for over 10 years and she, as well as the realtor that handled the sale when I bought the property, had told me the well was on her property. I refused to buy the property unless the property lines were marked, but the marks were incorrect. I had also been getting waster from the well, for my shop, for over 5 years. In the absence of a shared well agreement, I was giving her $120/year for well maintenance.

About a year ago I learned the well was actually on my property when I had a survey completed, which has been certified as correct, in anticipation of selling my property. Now I'm being told she may be able to keep me from getting water from the well for a building site that I am developing to enhance the salability of the 9+ acres.

 

[HomeGuru]

You need to hire an attorney.

 

[NoJustice]

Water Well

Home Guru, I have hired an attorney and have already laid out about $7500 in this matter. I have also search the Water Resource Codes and California Codes and the information I've found indicates I should have first rights to the water that lays under my land.

The atty tells me because she has an implied right to the well since she owned it prior to the property being split into two parcels. I have no problem with sharing the well with her, but I would like to be able to use the water for my proposed building site as well as my shop. The well is being tested, but there have never been any problems with the amount of water produced. The neighbor has 11 people living on her property at present!! The atty. says, most likely, I will not be able to use the well except for my shop if we go to Court. This sounds ridiculous to me.

I'm looking for some code that might be applicable.