Statutory Water Rights Law and Related California Code Sections (as amended including Statutes 2022).

This is a compilation of California Statutes on water rights law and related Sections. It contains sections from the California Constitution, the California Water Code, the Civil Code and other related codes which affect water rights decisions. These Statutes govern the acquisition and exercise of rights to reasonable and beneficial use of surface waters (and of groundwater flowing in known and definite channels) by priority of appropriation initiated on or after December 19, 1914. That is the effective date of the Water Commission Act, which is the origin of many of the water right provisions of the current Water Code. The Water Code authorizes a proceeding whereby all rights to the use of surface waters within a given stream system, regardless of doctrinal origin, may be adjudicated on a system-wide basis (statutory adjudication). It has a procedure for recognition of pre-1914 rights (also for groundwater). Fundamental to water use is art. X, § 2 of the California Constitution, which requires that the beneficial use of water be maximized, that water be conserved, and that water be diverted and used under the rule of reasonableness.
Section 106.3 declares that it is the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. All relevant state agencies, including the department, the state board, and the State Department of Public Health, shall consider this state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to the uses of water described in this section. California shall facilitate the voluntary transfer of water and water rights where consistent with the public welfare of the place of export and the place of import (sec. 109 WC). Various sections of the Water Code concern water resources planning. There are also provisions on, among other things, water leases, enforcement of water rights, management of waters for fish and wildlife protection purposes, duties and procedures of the State water Board, and civil procedure proceedings.