Section § 1

Explanation

This section simply declares that the laws contained within it shall be referred to as the Water Code, which is a collection of regulations and guidelines governing water-related issues in California.

This act shall be known as the Water Code.

Section § 2

Explanation

This section explains that if any part of this legal code is similar to an existing law about the same topic, it should be seen as a continuation or restatement of that law, not as an entirely new law.

The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.

Section § 3

Explanation

This section states that if someone is already in a government position under a law that is being repealed, but the position still exists under the new law, they can keep their job with the same conditions as before.

All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

Section § 4

Explanation

This law says that if a legal case or action started before the current water code came into effect, the case or any rights involved won't be changed by the new code. However, moving forward, any procedures used in these cases should follow the new code's rules as closely as possible.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 5

Explanation

This section explains that unless there's a specific reason or context indicating otherwise, certain definitions, rules for interpreting, and general guidelines will apply to how this legal code is understood.

Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code.

Section § 6

Explanation
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 7

Explanation

This section explains that when a public officer is given certain powers or responsibilities, they can allow a deputy or another legally authorized person to carry out those powers or duties unless a specific law says otherwise.

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.

Section § 8

Explanation

This section states that any type of written communication required or allowed under this water-related code must be in a format that can be easily understood by reading. It also specifies that these documents should be written in English unless specified otherwise.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Section § 9

Explanation

This law says that when a specific part of this code or any other California law is mentioned, it includes any changes or additions that have been or will be made to it.

Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made.

Section § 10

Explanation

This section defines two terms. A "Section" refers to a section within this particular legal code unless another law is specified. A "Subdivision" refers to a specific part within the same section unless another section is clearly mentioned.

“Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This law means that when reading legal texts, words in one tense can also apply to actions or situations in the past or future. So, if something is written in the present tense, it might also refer to past and future events, and vice versa.

The present tense includes the past and future tenses, and the future, the present.

Section § 12

Explanation

This section states that whenever a law refers to men, it also includes women and other gender-neutral categories. In other words, any legal terms traditionally using male pronouns or descriptions should be interpreted to apply to all genders.

The masculine gender includes the feminine and the neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This rule means that if a law uses a word in its singular form, it also applies to multiple things, and vice versa. Basically, don't worry too much about whether the word is for one thing or many; it should cover both situations.

The singular number includes the plural, and the plural, the singular.

Section § 14

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 15

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 16

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 17

Explanation

This law states that if someone cannot write their name, they can still sign by making a mark. A witness must write the person's name near the mark and then sign their own name close by. If the signature is needed for an official or sworn statement, two witnesses must sign their own names to make it valid.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 18

Explanation

In this context, 'State' typically refers to California. However, when mentioning other parts of the U.S., it also means the District of Columbia and various territories.

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

Section § 19

Explanation

This section defines the term “person” to include a wide range of entities, such as individuals, businesses (like corporations and partnerships), and various types of organizations and companies.

“Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.

Section § 20

Explanation

This section defines the term “United States” as the United States of America and clarifies that it includes all relevant officers, agents, employees, agencies, or instrumentalities that are authorized to deal with any specific matter.

“United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto.

Section § 21

Explanation

This section states that if any part of this code is found to be invalid or doesn't apply to a certain situation or person, the rest of the code remains effective and can still be applied to other situations and people.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 22

Explanation

When you see the word "Department" in this context, it typically refers to the Department of Water Resources, unless it clearly indicates otherwise.

“Department,” unless otherwise specified, means the Department of Water Resources.

Section § 23

Explanation

When the law mentions "Director" and doesn't specify otherwise, it is referring to the Director of Water Resources.

“Director,” unless otherwise specified, means the Director of Water Resources.

Section § 24

Explanation

This law defines the standard miner's inch of water as one and a half cubic feet of water flowing per minute through an opening.

The standard miner’s inch of water is equivalent to one and one-half cubic feet of water per minute, measured through any aperture or orifice.

Section § 25

Explanation

This law section states that when you see the word 'Board' in the context of California Water laws, it's referring to the State Water Resources Control Board, unless it's specifically mentioned otherwise.

“Board,” unless otherwise specified, means the State Water Resources Control Board.

Section § 26

Explanation

This section of the code clarifies that the terms "recycled water" and "reclaimed water" are defined exactly the same as the definition provided in another part of the law, specifically subdivision (n) of Section 13050.

For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050.