Statutory Water Rights Law and Related Code Sections (Water Code Divisions 1,2,4,6,7 and 35 and Related Sections as amended including Statutes 2023).
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Abstract
This Compilation contains selected statutory provisions of the Constitution, the Water Code, and other related codes which concern the administration of water rights law in California, covering, among other things, general powers of the State over waters, appropriation of water, water rights and water rights fees, conservation of water resources and, in particular, groundwater management, civil actions, and protection of fish and wildlife resources from water diversion.
Article 10 of the California Constitution 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. This Constitutional mandate applies to all uses of water, regardless of the legal basis of the water right.
General provisions of the Water Code contain in sections 100 to 113 policy statement about water use in California. This Chapter stresses reasonable and beneficial use thereof in the interest of the people and public welfare and consequential limitation of private water rights. It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and that the State shall determine what water of the State, surface and underground, can be converted to public use or controlled for public protection (sec. 104). Also, it is established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation (sec. 106). Chapter 2 and other subsequent Chapters of Division 1 set out the powers and functions of the Department of Water Resources and the State Water Resources Control Board, both generally and with respect to specific issues such as investigations, surveys, distribution of water, drought measures, reuse of water, etc. Division 1 is also about authority of local or regional public agencies.
Chapter 6 of Division 1 is about water reuse (Water Reuse Law of 1974). It is the primary interest of the people of the state in the conservation of all available water resources requires the maximum reuse of reclaimed water in the satisfaction of requirements for beneficial uses of water.
Division 2 is about water appropriation rights and other rights to use water. Except for certain livestock water use, no right to appropriate or use water subject to appropriation shall be initiated or acquired except upon compliance with the provisions of this Division (sec. 1225). Unappropriated water is defined and power id given to the Board to declare fully-appropriated streams. The Division also deals with, among other things, non-reserved water rights for federal uses, registration of appropriations for small domestic, small irrigation, and livestock stockpond uses (Water Rights Permitting Reform Act of 1988), appropriation from interstate streams, procedures for appropriation (including proceedings on application, (temporary) permits and conditions, liability within a watershed, urgency measures, priorities of water use, licences to use waterworks and water, other provisions about waterworks, determination and enforcement of water rights. As a general rule, the appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the right ceases (sec. 1240).
Division 6 concerns planning for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state and other measures to protect water resources such as appropriation of water for public purposes, demand reduction, streamlining water data reporting, management of urban retail water suppliers, drought measures, etc. An important part (Part 2.74) of Division 6 is dedicated to groundwater management in the Sustainable Groundwater Management Act (secs. 10720 to 12924). The Act defines powers of Groundwater sustainability agencies, i.e. one or more local agencies that implement the provisions of this Part.
Division 7 is about water quality (reuse of water and water reclamation). The Compilation also includes provisions of the Civil Code relating to water rights and provisions of the Code of civil Procedure. A last part is dedicated to fish conservation measures in waterworks.
Article 10 of the California Constitution 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. This Constitutional mandate applies to all uses of water, regardless of the legal basis of the water right.
General provisions of the Water Code contain in sections 100 to 113 policy statement about water use in California. This Chapter stresses reasonable and beneficial use thereof in the interest of the people and public welfare and consequential limitation of private water rights. It is hereby declared that the people of the State have a paramount interest in the use of all the water of the State and that the State shall determine what water of the State, surface and underground, can be converted to public use or controlled for public protection (sec. 104). Also, it is established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation (sec. 106). Chapter 2 and other subsequent Chapters of Division 1 set out the powers and functions of the Department of Water Resources and the State Water Resources Control Board, both generally and with respect to specific issues such as investigations, surveys, distribution of water, drought measures, reuse of water, etc. Division 1 is also about authority of local or regional public agencies.
Chapter 6 of Division 1 is about water reuse (Water Reuse Law of 1974). It is the primary interest of the people of the state in the conservation of all available water resources requires the maximum reuse of reclaimed water in the satisfaction of requirements for beneficial uses of water.
Division 2 is about water appropriation rights and other rights to use water. Except for certain livestock water use, no right to appropriate or use water subject to appropriation shall be initiated or acquired except upon compliance with the provisions of this Division (sec. 1225). Unappropriated water is defined and power id given to the Board to declare fully-appropriated streams. The Division also deals with, among other things, non-reserved water rights for federal uses, registration of appropriations for small domestic, small irrigation, and livestock stockpond uses (Water Rights Permitting Reform Act of 1988), appropriation from interstate streams, procedures for appropriation (including proceedings on application, (temporary) permits and conditions, liability within a watershed, urgency measures, priorities of water use, licences to use waterworks and water, other provisions about waterworks, determination and enforcement of water rights. As a general rule, the appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose the right ceases (sec. 1240).
Division 6 concerns planning for the orderly and coordinated control, protection, conservation, development, and utilization of the water resources of the state and other measures to protect water resources such as appropriation of water for public purposes, demand reduction, streamlining water data reporting, management of urban retail water suppliers, drought measures, etc. An important part (Part 2.74) of Division 6 is dedicated to groundwater management in the Sustainable Groundwater Management Act (secs. 10720 to 12924). The Act defines powers of Groundwater sustainability agencies, i.e. one or more local agencies that implement the provisions of this Part.
Division 7 is about water quality (reuse of water and water reclamation). The Compilation also includes provisions of the Civil Code relating to water rights and provisions of the Code of civil Procedure. A last part is dedicated to fish conservation measures in waterworks.
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In general, the statutes contained in this booklet 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 today’s Water Code. Although pre-1914 and riparian rights are not established pursuant to the Water Code, some administrative procedures established under the Water Code apply to pre-1914 and riparian water rights. In addition to the statutes contained in this booklet, decisions of the State Water Resources Control Board are guided by case law. A listing of major recent decisions is included.
Repealed
No
Source language
English
Legislation Amendment
No