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Cal. Water Code § 100 (2026)

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1947–2023 · leading case: Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977).
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Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977). · cites it 6× “ed consistently with this 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 herein contained shall be construed as depriving any riparian owner of the reasonable use of…”
People v. Shirokow, 605 P.2d 859 (Cal. 1980). · cites it 2× “, Wat. Code, §§ 100, 101, 105, 1256-1258.) While the board may be hindered in performing its administrative function by lack of knowledge of all water claims, this does not warrant adopting rules that encourage water wastage.”
Kern-Tulare Water Dist. v. City of Bakersfield, 634 F. Supp. 656 (E.D. Cal. 1986). “" Cal.Water Code § 100 (West, 1971). section 102 of the California Water Code declares that "all water within the state is the property of the people of the state,” but provides for the acquisition of rights to use water.”
Kern-Tulare Water Dist. v. City of Bakersfield, 828 F.2d 514 (9th Cir. 1987). “See also Cal. Water Code § 100 (West 1971). The right to water and it use is limited to that which is reasonably required, and does not extend to waste or unreasonable use.”
Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 605 P.2d 1 (Cal. 1980). · cites it 2× “, Wat. Code, §§ 100, 275.) It has adopted administrative regulations to prevent waste and unreasonable use.”
In Re Waters of Long Valley Creek Stream Sys., 599 P.2d 656 (Cal. 1979). “" (Wat. Code, § 100; see post. ) [5] Despite the open-ended nature of its grant of authority to the Board, the Legislature did not clearly and affirmatively express an intention contrary to our construction of the statute.”
California Trout, Inc. v. State Water Resources Control Bd., 90 Cal. App. 3d 816 (Cal. Ct. App. 1979). · cites it 2× “" (Wat. Code, § 100.) Section 1253 directs that the board makes its appropriation decisions in pursuit of the beneficial public use.”
Brydon v. East Bay Mun. Util. Dist., 94 Cal. Daily Op. Serv. 2705 (Cal. Ct. App. 1994). “7 Water Code section 100 restates article X, section 2 in identical language.”
Westlands Water Dist. v. US Dept. of Interior, 805 F. Supp. 1503 (E.D. Cal. 1992). “…of California law which prohibits the unreasonable and wasteful use of water. See Cal. Const., art. 14, § 3; Cal.Water Code § 100.”
Hillside Mem'l Park & Mortuary v. Golden State Water Co., 205 Cal. App. 4th 534 (Cal. Ct. App. 2011). · cites it 2× “XIV, § 3; Wat. Code, § 100; City of Lodi v. East Bay Mun.”
California Trout, Inc. v. Superior Court, 218 Cal. App. 3d 187 (Cal. Ct. App. 1990). ““Pursuant to California Water Code Sections 100 and 275 and the common law public trust doctrine, all rights and privileges under this permit and under any license issued pursuant to thereto [szc].”
Imp. Irrig. Dist. v. St. Wat. Resources Ctrl., 225 Cal. App. 3d 548 (Cal. Ct. App. 1990). “or used consistently with this 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 herein contained shall be construed as depriving any riparian owner of the reasonable use…”
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