The right of eminent domain is hereby declared to exist in the State to all frontages on the navigable waters of this State.
Water
Section § 1
This law states that the government in California has the right, known as eminent domain, to claim any land that borders navigable waters within the state.
eminent domain navigable waters land rights
Section § 2
This law emphasizes the importance of using California's water resources wisely and efficiently to benefit everyone. It discourages wasting water and defines that its use must be sensible and beneficial. People have the right to use water from streams and watercourses, but only as much as is necessary for beneficial use. Unreasonable use or waste, or inappropriate methods of taking water, are restricted. Riparian rights, which allow landowners next to a stream to use water, are maintained, but only for practical and beneficial use. This law is effective on its own, and the Legislature can make additional laws to support its goals.
It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be
limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner’s land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled. This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.
beneficial use waste prevention water resources
Section § 3
This law states that tidelands, which are areas of land that are covered and uncovered by the tides, located within two miles of any city or town in California and alongside navigable waters like harbors or bays, cannot be sold to private parties. However, if some of these lands are reserved only for the purpose of streets and the Legislature decides they aren’t needed for navigation, they may be sold, but only under conditions set by the Legislature to protect public interests.
All tidelands within two miles of any incorporated city, city and county, or town in this State, and fronting on the water of any harbor, estuary, bay, or inlet used for the purposes of navigation, shall be withheld from grant or sale to private persons, partnerships, or corporations; provided, however, that any such tidelands, reserved to the State solely for street purposes, which the Legislature finds and declares are not used for navigation purposes and are not necessary for such purposes may be sold to any town, city, county, city and county, municipal corporations, private persons, partnerships or
corporations subject to such conditions as the Legislature determines are necessary to be imposed in connection with any such sales in order to protect the public interest.
tidelands navigation purposes incorporated city
Section § 4
This law ensures that no one, whether a person, a group, or a company, can block public access to the water in places like harbors, bays, or inlets in California. If the water is needed for public use, it must remain open for people to access. Additionally, it is illegal to block or disrupt free navigation in these waters. The law requires that any related regulations be interpreted in a way that most generously supports public access to these waters.
No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof.
public access navigable waters harbor access
Section § 5
In California, any water that is being used or will be used for sale, rental, or distribution is considered a public resource. This means the state has the authority to regulate and control how this water is managed. The specific way this is done will be laid out by other laws.
The use of all water now appropriated, or that may hereafter be appropriated, for sale, rental, or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law.
water appropriation public use water distribution
Section § 6
This law states that the ability to charge for water use is a special privilege known as a franchise. It can only be exercised with legal permission and according to specific legal guidelines.
The right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law.
water use charges franchise water supply
Section § 7
When any government agency buys or takes ownership of real estate in California, they must agree to follow California's laws regarding water rights. This includes how they acquire, manage, use, and share water resources related to that property.
Whenever any agency of government, local, state, or federal, hereafter acquires any interest in real property in this State, the acceptance of the interest shall constitute an agreement by the agency to conform to the laws of California as to the acquisition, control, use, and distribution of water with respect to the land so acquired.
real property acquisition government agency land ownership water rights compliance
