California Codes

Cal. Water Code § 1201 (2026)

✓ current as of May 2026

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All water flowing in any natural channel, excepting so far as it has been or is being applied to useful and beneficial purposes upon, or in so far as it is or may be reasonably needed for useful and beneficial purposes upon lands riparian thereto, or otherwise appropriated, is hereby declared to be public water of the State and subject to appropriation in accordance with the provisions of this code.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1950–2022 · leading case: California v. United States, 438 U.S. 645 (1978).

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California v. United States, 438 U.S. 645 (1978). · cites it 2× “The Board is to issue a permit only if it determines that unappropriated water is available and that the proposed use is both "reasonable" and "beneficial" and best serves "the public interest." §§ 1240, 1255, and 1375; Cal.”

People v. Shirokow, 605 P.2d 859 (Cal. 1980). · cites it 2× “) Water Code section 1201 makes clear that the waters "subject to appropriation" are surplus waters waters which are not reasonably needed for useful and beneficial riparian purposes or previously appropriated.”

Westlands Water Dist. v. United States, 153 F. Supp. 2d 1133 (E.D. Cal. 2001). “See Cal. Water Code § 1201 (West 2001). 43 To acquire an appropriative right to California water, one must submit an application to the State Water Resources Control Board.”

Young v. State Water Resources Control Bd., 219 Cal. App. 4th 397 (Cal. Ct. App. 2013). “(Wat. Code, §§ 1201, 1202, subd. (b), 1225.”

Env't Def. Fund, Inc. v. Armstrong, 352 F. Supp. 50 (N.D. Cal. 1972). “f bids and further work on the main dam contract, contending that (1) defendants have failed to comply with the provisions of NEPA and that (2) defendants have failed to obtain permits from the California Water Resources Control Board to appropriate and divert *54 water from the…”

City of San Jose v. Monsanto Co., 231 F. Supp. 3d 357 (N.D. Cal. 2017). “; see also Cal. Water Code §§ 1201 (“All water flowing in any natural channel,” unless used or appropriated, “is hereby declared to be public water of the State and subject to appropriation in accordance with the provisions of this code.”

Miller & Lux, Inc. v. Bank of Am., 212 Cal. App. 2d 719 (Cal. Ct. App. 1963). “Whenever water in a watercourse is not reasonably required for the beneficial use by the owners of superior rights, whether the water is foreign or part of the natural flow, such owners cannot prevent use of the waters by other persons, and the water must be regarded as surplus…”

Stevinson Water Dist. v. Roduner, 223 P.2d 209 (Cal. 1950). “natural stream or watercourse, such as Owens Creek, is not reasonably required for beneficial use by the owners of paramount rights, whether the water is foreign or part of the natural flow, such owners cannot prevent use of the waters by other persons, and the water must be…”

Eaton v. State Water Rights Bd., 340 P.2d 722 (Cal. Ct. App. 1959). “(Wat. Code, § 1201.) Water which has never been appropriated constitutes unappropriated water.”

Young v. State Water Resources etc. Bd. (Cal. Ct. App. 2013). · cites it 2× “Water Code section 1201 states: “All water flowing in any natural channel, excepting so far as it has been or is being applied to useful and beneficial purposes upon, or in so far as it is or may be reasonably needed for useful and beneficial purposes upon lands riparian…”

Cal. Water Curtailment Cases (Cal. Ct. App. 2022). “(Wat. Code, §§ 1201, 1202, subd. (b), 1225.”

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