Section § 100

Explanation

This law states that because of California's current conditions, it's crucial for the state to make the most of its water resources.

Water should be used efficiently to benefit everyone, and actions that waste water or use it unreasonably should be stopped. The right to use water from natural sources is only for what’s needed for beneficial purposes. It doesn’t allow for wasteful or unreasonable water use or methods.

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 water 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 watercourse 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.

Section § 100.5

Explanation

This California law states that when determining whether a specific use or method of using water is reasonable, following local customs alone cannot decide its reasonableness. Instead, local custom should be just one of the factors considered in these decisions, in line with the California Constitution.

It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of water with local custom shall not be solely determinative of its reasonableness, but shall be considered as one factor to be weighed in the determination of the reasonableness of the use, method of use, or method of diversion of water, within the meaning of Section 2 of Article X of the California Constitution.

Section § 101

Explanation

This law discusses the rights of landowners who live next to a river or stream (riparian rights). It says that these landowners can use only the amount of water they reasonably need and can use in a way that benefits their land. However, this law also ensures that these rights do not take away the ability of other landowners to use water lawfully, either by diverting it reasonably or by using water they've legally obtained.

Riparian rights in a stream or watercourse attach to, but to no more than so much of the flow thereof as may be required or used consistently with this and the next preceding 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 in this or the next preceding section shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which his land is riparian under reasonable methods of diversion and use, or of depriving any appropriator of water to which he is lawfully entitled.

Section § 102

Explanation

In California, all water is owned by the people of the state. However, people can gain the right to use this water through a legal process called appropriation.

All water within the State is the property of the people of the State, but the right to the use of water may be acquired by appropriation in the manner provided by law.

Section § 103

Explanation

This law section states that when the Legislature created this code, they did not mean to alter the existing laws about water rights.

In the enactment of this code the Legislature does not intend thereby to effect any change in the law relating to water rights.

Section § 104

Explanation

This law states that the people of California have a significant interest in how the state's water is used. The state government is responsible for deciding which surface and underground water can be used for public purposes or managed for public safety.

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.

Section § 105

Explanation

This law emphasizes that it's crucial for the state to manage water resources in a way that best serves the public. Both surface and underground water development should focus on maximizing benefits for everyone in the state.

It is hereby declared that the protection of the public interest in the development of the water resources of the State is of vital concern to the people of the State and that the State shall determine in what way the water of the State, both surface and underground, should be developed for the greatest public benefit.

Section § 106

Explanation

This law states that in California, using water for everyday home activities, like drinking and bathing, is the top priority. The next priority for water use is growing crops or irrigating land.

It is hereby declared to be the 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.

Section § 106.3

Explanation

This law establishes that everyone in California has the right to water that is safe, clean, affordable, and accessible for drinking, cooking, and hygiene. State agencies must consider this policy when making decisions about water-related rules and funding. However, the law doesn't require the state to provide more water or build new infrastructure. It also doesn't cover water for new developments or affect the operations of existing public water systems.

(a)CA Water Code § 106.3(a) It is hereby declared to be 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.
(b)CA Water Code § 106.3(b) 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.
(c)CA Water Code § 106.3(c) This section does not expand any obligation of the state to provide water or to require the expenditure of additional resources to develop water infrastructure beyond the obligations that may exist pursuant to subdivision (b).
(d)CA Water Code § 106.3(d) This section shall not apply to water supplies for new development.
(e)CA Water Code § 106.3(e) The implementation of this section shall not infringe on the rights or responsibilities of any public water system.

Section § 106.4

Explanation

This law states that cities or counties in California cannot issue building permits for new residential developments if the water supply comes from sources like water haulers, bottled water, water-vending machines, or retail water facilities. However, this rule does not apply to homes being rebuilt after a fire or natural disaster. The law emphasizes that it is important for the entire state, not just individual cities.

(a)CA Water Code § 106.4(a) For the purposes of this section:
(1)CA Water Code § 106.4(a)(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(2)CA Water Code § 106.4(a)(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code.
(3)CA Water Code § 106.4(a)(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(4)CA Water Code § 106.4(a)(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(5)CA Water Code § 106.4(a)(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(b)CA Water Code § 106.4(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility.
(c)CA Water Code § 106.4(c) This section does not apply to a residence that will be rebuilt because of a fire or natural disaster.
(d)CA Water Code § 106.4(d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

Section § 106.5

Explanation

This law states that cities have the right to acquire and use water for current and future municipal needs. However, they cannot claim rights to waste water or use it for non-municipal purposes. Moreover, these cities cannot stop others from using excess water as long as it fulfills useful purposes and doesn't interfere with the city's need for water when necessary.

It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the use of water should be protected to the fullest extent necessary for existing and future uses, but that no municipality shall acquire or hold any right to waste water, or to use water for other than municipal purposes, or to prevent the appropriation and application of water in excess of its reasonable and existing needs to useful purposes by others subject to the rights of the municipality to apply such water to municipal uses as and when necessity therefor exists.

Section § 106.7

Explanation

This law encourages the development of small hydroelectric projects in California that are environmentally friendly. However, these projects should not disturb certain protected areas such as designated wild and scenic rivers, wilderness areas, and critical habitats for endangered species like the condor.

State agencies are prohibited from approving hydroelectric projects in these sensitive areas. If a project is proposed outside these areas, it must be evaluated for any significant negative environmental impacts. Projects should ideally be built on existing structures like dams and canals to minimize environmental disruption.

Applicants must prove that the project's revenues will be higher than its costs and environmental mitigation over time. Projects smaller than 100 kilowatts are exempt from some of these requirements.

(a)CA Water Code § 106.7(a) It is hereby declared to be the established policy of this state to support and encourage the development of environmentally compatible small hydroelectric projects as a renewable energy source, provided that the projects do not result in surface disturbances within the following sensitive areas:
(1)CA Water Code § 106.7(a)(1) Any component of the California Wild and Scenic Rivers System or the National Wild and Scenic Rivers System.
(2)CA Water Code § 106.7(a)(2) Any river designated for study pursuant to Section 5(a) of the National Wild and Scenic River Act (16 U.S.C. 1276(a)). This paragraph shall not apply to any river which, upon the completion of the study, is not included in the National Wild and Scenic Rivers System.
(3)CA Water Code § 106.7(a)(3) Any state or federally designated wilderness area.
(4)CA Water Code § 106.7(a)(4) Any areas designated as a “Critical Condor Habitat” by the United States Fish and Wildlife Service.
(b)CA Water Code § 106.7(b) State agencies shall not approve small hydroelectric development within the sensitive areas specified in subdivision (a).
(c)CA Water Code § 106.7(c) Significant adverse impacts associated with small hydroelectric projects shall be identified by those agencies responsible for the preparation of the environmental impact document.
(d)CA Water Code § 106.7(d) Emphasis on the development of small hydroelectric power generating facilities which are “qualifying small power production facilities” under Section 210 of the Public Utilities Regulatory Policies Act of 1978, shall be on existing dams, diversions, and canals with a sufficient drop so that power may be efficiently generated without significant environmental effects.
(e)CA Water Code § 106.7(e) For hydroelectric power generating facilities, the applicant shall demonstrate that project revenues will exceed project costs, including the cost of mitigation measures over the life of the project.
(f)CA Water Code § 106.7(f) Subdivisions (d) and (e) do not apply to projects with a nameplate capacity of less than 100 kilowatts.

Section § 107

Explanation

This law section explains that the state's policy declarations in this chapter are not the only ones that matter. Other policy declarations in the same legal code also need to be fully respected and followed.

The declaration of the policy of the State in this chapter is not exclusive, and all other or further declarations of policy in this code shall be given their full force and effect.

Section § 108

Explanation

This section establishes California's policy on water development projects. When the state plans a water project that will use water from outside its original area, it must also plan how to meet the future water needs of that area. The state should consider creating, funding, or assisting with other projects to ensure local water needs are met before exporting water elsewhere.

It is hereby declared to be the established policy of this State that in the development and completion of any general or co-ordinated plan prepared and published by the Department of Water Resources or any predecessor thereof or successor thereto, all uses, including needs of the area in which the water originates, of water shall be given consideration.
Whenever the Legislature authorizes the construction or acquisition by the State of any project which will develop water for use outside the watershed in which it originates, the Legislature shall at the same time consider the authorization and the construction or acquisition of such other works as may be necessary to develop water to satisfy such of the reasonable ultimate requirements of such watershed as may be needed at the time the export project is authorized or as will be needed within a reasonable time thereafter. The authorization with respect to such additional works may provide for state acquisition or construction, in whole or in part, of any such additional works, or financial assistance to other entities in connection with the acquisition or construction of such works, or a combination thereof.

Section § 108.5

Explanation

This California law establishes that source watersheds are a key part of the state's water system, especially as climate change affects water supplies. These watersheds, which support drinking and agricultural water, are critical for water dependability and quality. The law allows for financial support similar to that for other water infrastructure for maintaining and repairing these watersheds. It doesn't change existing funding rules or interfere with federal laws or other funding programs. Eligible maintenance activities include restoration and conservation efforts like vegetation management, meadow restoration, road repair, stream restoration, and forest conservation to help manage water supply under changing climate conditions.

(a)CA Water Code § 108.5(a) It is hereby declared to be the established policy of the state that source watersheds are recognized and defined as integral components of California’s water infrastructure.
(b)Copy CA Water Code § 108.5(b)
(1)Copy CA Water Code § 108.5(b)(1) As climate change advances, source watersheds that provide the majority of the state’s drinking and irrigated agricultural water are of particular importance to maintaining the reliability, quantity, timing, and quality of California’s environmental, drinking, and agricultural water supply.
(2)CA Water Code § 108.5(b)(2) Recognizing the critical role of source watersheds in enhancing water supply reliability, the maintenance and repair of source watersheds is eligible for the same forms of financing as other water collection and treatment infrastructure.
(3)CA Water Code § 108.5(b)(3) Nothing in this section is intended to constrain financing for source watersheds supplying local, state, or federal water systems.
(4)CA Water Code § 108.5(b)(4) Nothing in this section is intended to supersede federal eligibility requirements or alter any of the following:
(A)CA Water Code § 108.5(b)(4)(A) Funding criteria or guidelines established for a bond or other measure enacted by the voters.
(B)CA Water Code § 108.5(b)(4)(B) Funding programs related to pollution control, cleanup, or abatement.
(C)CA Water Code § 108.5(b)(4)(C) Funding programs for addressing public health emergencies.
(c)CA Water Code § 108.5(c) Eligible maintenance and repair activities pursuant to this section are limited to the following forest ecosystem restoration and conservation activities:
(1)CA Water Code § 108.5(c)(1) Upland vegetation management to restore the watershed’s productivity and resiliency.
(2)CA Water Code § 108.5(c)(2) Wet and dry meadow restoration.
(3)CA Water Code § 108.5(c)(3) Road removal and repair.
(4)CA Water Code § 108.5(c)(4) Stream channel restoration.
(5)CA Water Code § 108.5(c)(5) Conservation of private forests to preserve watershed integrity through permanent prevention of land use conversion and improved land management, achieved through, and secured with, conservation easements.
(6)CA Water Code § 108.5(c)(6) Other projects with a demonstrated likelihood of increasing conditions for water and snow attraction, retention, and release under changing climate conditions.

Section § 109

Explanation

This California law states that it's important to use water efficiently due to the increasing demand in the state. It emphasizes the need to clearly define property rights for water use and the ability to transfer these rights. The policy aims to support the voluntary transfer of water and water rights, as long as it benefits both the region sending and receiving the water.

The law directs state agencies, like the Department of Water Resources and the State Water Resources Control Board, to encourage and assist with these voluntary water transfers. This includes helping people find and use water-saving methods that can free up more water for transfer.

(a)CA Water Code § 109(a) The Legislature hereby finds and declares that the growing water needs of the state require the use of water in an efficient manner and that the efficient use of water requires certainty in the definition of property rights to the use of water and transferability of such rights. It is hereby declared to be the established policy of this state to 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.
(b)CA Water Code § 109(b) The Legislature hereby directs the Department of Water Resources, the State Water Resources Control Board, and all other appropriate state agencies to encourage voluntary transfers of water and water rights, including, but not limited to, providing technical assistance to persons to identify and implement water conservation measures which will make additional water available for transfer.

Section § 110

Explanation

This law highlights the need to stop using drinkable water to water nonfunctional grass areas, meaning grass that isn't used for activities like sports. Doing this is seen as wasteful and bad for the environment. The law points out the importance of conserving water due to the effects of climate change, as noted by the Governor in 2022. It also notes that Nevada has taken similar actions regarding the Colorado River water. The law makes it clear that this restriction doesn't affect grass grown for farming purposes. Finally, it calls for state agencies to actively promote stopping the use of drinkable water for nonfunctional grass areas.

(a)CA Water Code § 110(a) The Legislature hereby finds and declares all of the following:
(1)CA Water Code § 110(a)(1) The use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem.
(2)CA Water Code § 110(a)(2) The Governor reported in August 2022 that climate change will bring significant enduring reductions in California’s water supply and that the state must take steps to respond to this reality.
(3)CA Water Code § 110(a)(3) The State of Nevada enacted AB 356 in 2021 to prohibit the use of Colorado River water to irrigate nonfunctional turf on all properties except single-family residences by January 1, 2027.
(b)CA Water Code § 110(b) It is the intent of the Legislature that the irrigation of grasses for agricultural production shall not be limited by requirements to eliminate the use of potable water to irrigate nonfunctional turf.
(c)CA Water Code § 110(c) The Legislature hereby directs all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.

Section § 112

Explanation

This law addresses reverse osmosis water treatment devices used in homes. It defines the device's efficiency as the amount of water that can be used at home versus the water that is wasted. Starting January 1, 1991, these devices must have an automatic waste shutoff feature or be designed to save at least as much water as this feature would, whenever they are sold, installed, or rented for home use. From January 1, 1993, any such devices that were already in use before 1991 must be updated to include this feature or be similarly efficient in saving water.

(a)CA Water Code § 112(a) The efficiency of a reverse osmosis water treatment device means the percentage of water which passes through the water treatment device that is available for subsequent domestic use and which is not discharged directly from the device to the waste disposal system of the residence where the device is used.
(b)CA Water Code § 112(b) Notwithstanding any other provision of law, after January 1, 1991, no reverse osmosis water treatment device shall be sold, installed, or rented, for residential use, including any general domestic purposes such as drinking, cleaning, washing, or sanitation, unless the device is equipped with an automatic waste shutoff device or, through other equipment design specifications, achieves or exceeds equal or greater water savings than would occur with an automatic shutoff device.
(c)CA Water Code § 112(c) Effective January 1, 1993, any reverse osmosis water treatment device sold, installed, rented, or under service contract prior to January 1, 1991, for residential use shall be retrofit with an automatic waste shutoff device, or, through other equipment design specifications, achieve or exceed equal or greater water savings than would occur with an automatic shutoff device.

Section § 113

Explanation

This law emphasizes that California aims to manage its groundwater resources sustainably to ensure they remain reliable and beneficial for both present and future needs. It encourages local communities to take the lead in developing and updating management plans using the best scientific data available.

It is the policy of the state that groundwater resources be managed sustainably for long-term reliability and multiple economic, social, and environmental benefits for current and future beneficial uses. Sustainable groundwater management is best achieved locally through the development, implementation, and updating of plans and programs based on the best available science.