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Sacramento River, very full. February 8, 2025. (Photo: Katy Grimes for California Globe)

Navigable Waters

Seven streams and waters are declared navigable and are public ways.

By Chris Micheli, June 5, 2025 2:30 am

Division 1.5 deals with navigable waters. Chapter 1 concerns scope of the division. Section 90 states that the provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jursidiction and laws of the United States, apply to navigable waters of the United States.

Chapter 2 concerns definitions and description. Section 100 states that navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of transportation.

However, the floodwaters of any navigable river, stream, slough, or other watercourse while temporarily flowing above the normal high-water mark over public or private lands outside any established banks of such river, stream, slough, or other watercourse are not navigable waters and nothing in this section shall be construed as permitting trespass on any such lands. The term “floodwaters” is defined.

Section 101 specifies seven streams and waters are declared navigable and are public ways.

Section 102 specifies six streams and waters are also navigable and are public ways.

Section 103 specifies seven streams and waters are also navigable and are public ways.

Section 104 specifies six streams and waters are also navigable and are public ways.

Section 105 specifies nine streams and waters are also navigable and are public ways.

Section 106 specifies six streams and waters are also navigable and are public ways.

Section 107 specifies that the coast line of the State of California from the boundary line between it and Mexico on the south, to the boundary line between it and Oregon on the north, is as defined and determined, and the names of the islands, rocks, headlands, bays, bodies of water and other geographic features are in accordance with nomenclature adopted by the United States Coast and Geodetic Survey as shown on its charts.

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