Legal Question in Real Estate Law in California

Re: neighbors new well

The answer to your question will probably require information about the relative needs for water and uses made of water on the two propreties. If your neighbor with the 55 gpm well is currently putting all that water to productive use, say by raising 100 acres of apples, he's probably entitled to it; further, if you have a one-acre rural ranchette next door and use your 3 to 5 gpm for domestic purposes and maybe a small garden, you may not have a valid complaint. Out my way, there are parcels of 3 acres and up that are struggling to draw and store from wells more in the one gpm area. So, while water law is not in my area of practice, I believe the right to draw more water from wells is governed by the usefulness of what is taken.

Among other things, that 55 gpm well may run at peak output only a couple hours a day - or a week.