General State Powers Over WaterGeneral State Policy
Section § 100
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.
Section § 100.5
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.
Section § 101
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.
Section § 102
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.
Section § 103
This law section states that when the Legislature created this code, they did not mean to alter the existing laws about water rights.
Section § 104
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.
Section § 105
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.
Section § 106
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.
Section § 106.3
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.
Section § 106.4
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.
Section § 106.5
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.
Section § 106.7
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.
Section § 107
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.
Section § 108
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.
Section § 108.5
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.
Section § 109
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.
Section § 110
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.
Section § 112
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.
Section § 113
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.