California Constitution. (Photo: www.sos.ca.gov)
Frequently Asked Questions about California Constitution Article X
How are rights of way handled?
By Chris Micheli, May 21, 2024 2:30 am
]How many sections does Article 10 have? This article contains seven sections.
What does Article 10 relate to? It relates to water.
Does the right of eminent domain exist? Section 1 provides that the right of eminent domain exists in the State to all frontages on the navigable waters of this State.
Do water resources have to be put to beneficial use? Section 2 provides 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 these waters is to be exercised with a view to the reasonable and beneficial use in the interest of the people and for the public welfare.
How are tidelands handled? Section 3 specifies that all tidelands within two miles of any incorporated city, county, or town in this State, and fronting on the water of any harbor, estuary, bay, or inlet used for the purposes of navigation, are to be withheld from grant or sale to private persons, partnerships, or corporations, with specified exceptions.
How are rights of way handled? Section 4 states that no individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, will be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of water.
How is public use of water determined? Section 5 notes that the use of all water now appropriated, or that may be appropriated, for sale, rental, or distribution, is declared to be a public use and subject to the regulation and control of the State, in the manner to be prescribed by law.
How is water use compensated? Section 6 specifies the right to collect rates or compensation for the use of water supplied to any county, city and county, or town, or the inhabitants thereof is a franchise and cannot be exercised except in the manner prescribed by law.
What happens when an agency of government acquires land? Section 7 provides that, whenever any agency of government, local, state, or federal, acquires any interest in real property in this State, the acceptance of the interest will constitute an agreement by the agency to conform to the laws of California as to the acquisition, control, use, and distribution of water with respect to the land acquired.
