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State Water Project Lake Oroville. (Photo: water.ca.gov)

General Guidance in Reading the California Water Code

State water laws play a prominent role in both statewide and regional water allocations and usage

By Chris Micheli, July 6, 2022 6:22 am

California’s statutes are contained in 29 separate codes. The twenty-eighth alphabetically is the Water Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Water Code:

Section 1 – This Act is known as the Water Code.

Section 2 – The provisions of this Code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations, and not as new enactments.

Section 5 – Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions govern the construction of this Code.

Section 6 – 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 – 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 – 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 must be made in writing in the English language unless it is expressly provided otherwise.

Section 9 – 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 made.

Section 11 – The present tense includes the past and future tenses, and the future tense includes the present.

Section 12 – The masculine gender includes the feminine and the neuter.

Section 12.2 – The term “spouse” includes “registered domestic partner.”

Section 13 – The singular number includes the plural, and the plural, the singular.

Section 15 – The term “shall” is mandatory and “may” is permissive.

Section 16 – The term “oath” includes affirmation.

Section 19 – The term “person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company.

Section 21 – If any provision of this Code, or the application of it to any person or circumstance, is held invalid, the remainder of the Code, or the application of the provision to other persons or circumstances, is not affected.

Section 24 – 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.

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2 thoughts on “General Guidance in Reading the California Water Code

  1. Water is the ultimate bargaining chip, always has been , always will be. Please to explain why no new reservoirs have been built since New Melones in 1979, California’s population has doubled since then

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