Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation. However, the floodwaters of any navigable river, stream, slough, or other watercourse while temporarily flowing above the normal high-water mark over public or private lands outside any established banks of such river, stream, slough, or other watercourse are not navigable waters and nothing in this section shall be construed as permitting trespass on any such lands. For the purposes of this section, “floodwaters” refers to that elevation of water which occurs at extraordinary times of flood and does not mean the water elevation of ordinary annual or recurring high waters resulting from normal runoff.
Chapter 2Definition and Description
Section § 100
This law declares that navigable waters, including streams that can carry goods, are open to public use for navigation and transportation. However, when floodwaters rise above their usual bounds, temporarily covering land, they don’t count as public waterways. This means you can’t trespass on land flooded by such waters, even if they're from a navigable river or stream. Floodwaters are specifically those rare and extreme floods, not regular high-water levels from normal rainfall.
navigable waters public ways transportation floodwaters trespass high-water mark extraordinary flood normal runoff public use streams flow of water private lands watercourse extraordinary times ordinary annual high waters
Section § 101
This law declares specific waterways in California as navigable and public. These include the Albion River, Big River, and Channel Street in San Francisco, meaning they can be used by the public. It also covers Alviso Slough, Corte Madera Creek, and the portion of Coyote River up to specific points. Clear Lake is included, except rights to reclaim surrounding lands are still protected.
The following streams and waters are declared navigable and are public ways:
Albion River, to a point three miles from its mouth.
Alviso Slough, sometimes called Steamboat Slough, lying between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913.
Big River, to a point three miles from its mouth.
Channel Street, in the city of San Francisco, from the bay to the northeasterly line of Seventh Street, the width thereof to be one hundred forty feet.
Clear Lake, in Lake County; but this declaration shall not interfere with any rights of owners and claimants to reclaim swamp or overflowed land around the margin of Clear Lake.
Corte Madera Creek, in Marin County, from its mouth to a point as far as tidewater flows.
Coyote River between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913.
navigable waters Albion River Big River Channel Street public waterways Alviso Slough Steamboat Slough San Francisco Bay Coyote River Clear Lake Lake County Corte Madera Creek Marin County swamp land rights overflowed land reclamation
Section § 102
This section lists specific streams and waters in California that are considered navigable and public ways. This means they are open for public use. The listed waters include Deer Creek, Devil’s Slough, Diablo Creek, Feather River, Galinas or Guyanas Slough, and Guadalupe Slough, each with specific portions designated as public.
The following streams and waters are also navigable and are public ways:
Deer Creek, between its mouth and the house of Peter Lassen.
Devil’s Slough, lying within the corporate limits of the city of San Jose, or of the town of Sunnyvale in Santa Clara County, and extending to San Francisco Bay.
Diablo Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa County.
Feather River, between its mouth and a point fifty feet below the first bridge crossing Feather River above the mouth of the Yuba River.
Galinas, or Guyanas Slough or creek, in Marin County, from its mouth to the line of the Sonoma and Marin Railroad as it existed on March 18, 1907.
Guadalupe Slough, which is the outlet or mouth of the Guadalupe River, and lies between San Francisco Bay and its junction with Alviso Slough.
navigable streams public waterways Deer Creek Devil’s Slough Diablo Creek Feather River Galinas Slough Guyanas Slough Guadalupe Slough public access Santa Clara County Contra Costa County Marin County San Francisco Bay waterway boundaries
Section § 103
This section declares certain streams and waterways in California as navigable, which means they are considered public paths. Specific waterways include Johnson's Creek, Keys Creek, Klamath River, Arroyo del Medo, Mission Creek, Mokelumne River, and Moro Cojo Slough. The law also ensures that existing mining rights are not violated on the Klamath River as of a certain historical date, although mining operations must respect public access rights.
The following streams and waters are also navigable and are public ways:
Johnson’s Creek, from its mouth at San Francisco Bay to Simpson’s Landing.
Keys Creek, also known as the Arroyo de San Antonio, in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys embarcadero.
Klamath River, from its mouth in Del Norte County to its confluence with the Shasta River in the county of Siskiyou; but this shall not abrogate or infringe upon mining rights or the rights of locating or operating mining claims on the Klamath River, existing on August 21, 1933, otherwise than by being made subject to the public rights of way herein declared.
Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven.
Mission Creek, in the county of San Francisco.
Mokelumne River, between its mouth and the first falls.
Moro Cojo Slough, in Monterey County, from Salinas River to tidewater.
navigable waters public ways Johnson's Creek Keys Creek Arroyo de San Antonio Klamath River mining rights Del Norte County Shasta River Arroyo del Medo Santa Clara Mission Creek San Francisco Mokelumne River Moro Cojo Slough
Section § 104
This section of California law lists specific bodies of water that are considered navigable waterways, which means they're public ways open to use by the public. The waterways include parts of the Napa River, three Napa Creeks, Nueces Creek, Newport Bay and its connecting sloughs, Novato Creek, Noyo River, and Petaluma River.
The following streams and waters are also navigable and are public ways:
Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence Street in the city of Napa; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma rivers.
Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks.
Newport Bay, in the county of Orange, and all its arms, and the sloughs connecting with the bay in which the tide ebbs and flows, including “The Rialto” and “The Rivo Alto” as shown upon a map of Canal Section, Newport Beach, recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California.
Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer’s Landing.
Noyo River, to a point three miles from its mouth.
Petaluma River, from its mouth to the southerly line of Washington Street, in the city of Petaluma.
navigable waterways public waterways Napa River Napa Creeks Nueces Creek Newport Bay Rialto Rivo Alto Novato Creek Noyo River Petaluma River Sonoma County Orange County Marin County public access
Section § 105
This law section specifies certain rivers and waters in California that are considered navigable and thus open to public use. An example includes the Sacramento River from its mouth to a point 100 feet below Reid’s Ferry in Shasta County. Other locations like the Salinas River, San Joaquin River, and Suisun River are listed with their navigable portions described. This means these waterways can be used for travel, commerce, or recreation according to the delineated sections.
The following streams and waters are also navigable and are public ways:
Sacramento River, between its mouth and a point 100 feet below Reid’s Ferry, in Shasta County.
Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth to a point as far up as tidewater flows.
San Joaquin River, between its mouth and Sycamore Point.
San Leandro Bay, in the County of Alameda, the waters included in the estuary of San Antonio and the tidal canal connecting it with San Leandro; and the airport channel extending from the bay.
San Rafael Creek, in Marin County, from its mouth to a point as far as tidewater flows therein.
Sonoma River, between its mouth and a point opposite Fowler’s hotel in the town of San Luis.
Stockton Slough, between its mouth and a line 160 feet west of the east line of Center Street extended in Stockton.
Suisun River, between its mouth and the Town of Suisun embarcadero.
Tuolumne River, between its mouth and Dickinson’s Ferry.
Yuba River, between its mouth and a point at the mouth of the slough at the foot of F Street, in the City of Marysville.
navigable waters public waterways Sacramento River Salinas River San Joaquin River tuolumne river sonoma river san leandro bay Stockton Slough Suisun River tidal waterways San Rafael Creek Elkhorn Slough Yuba River Marin County
Section § 106
This law defines specific water bodies in California that are considered navigable, meaning they can be used as public pathways for transportation. These include parts of Alameda Creek, streams and sloughs flowing into the Eel River, certain water bodies around Eureka and Humboldt County used historically for transporting logs, sloughs south of Humboldt Point that are deep and wide enough to carry boats with freight, parts of a slough between Simonds Canal and the San Francisco Bay, and a creek running through specific land surveys.
The following streams and waters are also navigable and are public ways:
The north branch of Alameda Creek, from its mouth to Eden Landing.
The streams and sloughs emptying into Eel River.
The streams and sloughs south of Eureka, in Humboldt County, which prior to January 2, 1873, were used for the purpose of floating logs or timber.
The sloughs south of Humboldt Point, in Humboldt County, which at high water mark have a depth of two feet of water, and which are wide enough to float and admit a boat carrying five tons or more of freight.
That part of a slough which lies between Simonds Canal in the town of Alviso and the bay of San Francisco.
That certain creek running through the tideland survey numbered 68, and swamp and overflowed land survey numbered 145, from its mouth to the head of the tidewater therein.
navigable waters public ways Alameda Creek Eel River Eureka streams Humboldt County float logs Simonds Canal San Francisco Bay tideland survey 68 swamp land survey 145 Humboldt Point sloughs transportation waterways floating timber Alviso waterways
Section § 107
This law section defines the coastline of California from Mexico to Oregon based on the United States Coast and Geodetic Survey's determinations from August 21, 1933. It also specifies that the names for geographic features like islands and bays follow those used by this Survey.
Importantly, this section does not affect or define property rights or boundaries.
The coast line of the State of California from the boundary line between it and Mexico on the south, to the boundary line between it and Oregon on the north, is as defined and determined, on August 21, 1933, by the United States Coast and Geodetic Survey, and the names of the islands, rocks, headlands, bays, bodies of water and other geographic features are in accordance with nomenclature adopted by the United States Coast and Geodetic Survey as shown on its charts.
This section is not to be construed as defining or affecting property rights or property boundaries.
California coastline United States Coast and Geodetic Survey geographic features island names property boundaries nomenclature August 21 1933 Mexico to Oregon rocks and headlands bays bodies of water geodetic charts
