SECTIONS 100-112 - California Statutes

WATER CODE

SECTION 100-112

100. 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.

100.5. 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.

101. 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.

102. 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.

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

104. 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.

105. 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.

106. 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.

106.5. 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.

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) Any component of the California Wild and Scenic Rivers System
or the National Wild and Scenic Rivers System.
(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) Any state or federally designated wilderness area.
(4) Any areas designated as a "Critical Condor Habitat" by the
United States Fish and Wildlife Service.
(b) State agencies shall not approve small hydroelectric
development within the sensitive areas specified in subdivision (a).
(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) 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) 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) Subdivisions (d) and (e) do not apply to projects with a
nameplate capacity of less than 100 kilowatts.

107. 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.

108. 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.

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) 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.

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) 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) 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.