It will be presumed that a water right, upon a foreclosure sale of the land where the water is used, passes with the land whether the water right was initiated before or after the lien was established, unless there is a showing that the water right is not appurtenance or incident to the real property.

Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.

History

1. Renumbering and amendment of Section 770 to Section 834 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.