California Codes

Cal. Water Code § 13002 (2026)

✓ current as of May 2026
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No provision of this division or any ruling of the state board or a regional board is a limitation:

(a)On the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations with respect to the disposal of waste or any other activity which might degrade the quality of the waters of the state.

(b)On the power of any city or county or city and county to declare, prohibit, and abate nuisances.

(c)On the power of the Attorney General, at the request of a regional board, the state board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance.

(d)On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer.

(e)On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any contamination or pollution.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1984–2021 · leading case: People Ex Rel. Deukmejian v. Cnty. of Mendocino, 683 P.2d 1150 (Cal. 1984).
People Ex Rel. Deukmejian v. Cnty. of Mendocino, 683 P.2d 1150 (Cal. 1984). · cites it 2× “(Wat. Code, § 13002.) Because section 14007 requires compliance with the "law," it requires compliance with the air and water pollution statutes, and since they permit county regulation with local ordinances imposing stricter air and water pollution standards, they authorize the…”
City of Lodi v. Randtron, 2004 Cal. Daily Op. Serv. 3890 (Cal. Ct. App. 2004). · cites it 2× “Code, §§ 38771 and 38773; Wat. Code, § 13002, subd. (b)) and for relief from contamination and pollution, and regulating the disposal of waste that might degrade water quality.”
Pac. Lumber Co. v. State Water Resources Control Bd., 126 P.3d 1040 (Cal. 2006). “The company purports to find support for its position in the Porter-Cologne Act’s savings clause, Water Code section 13002. In certain respects, the language of Water Code section 13002 resembles that of section 4514.”
California v. Kinder Morgan Energy Partners, L.P., 569 F. Supp. 2d 1073 (S.D. Cal. 2008). · cites it 3× “Cal. Water Code § 13002 (b). Moreover, nei *1082 ther the Water Code nor the State or Regional Water Boards have the power to limit the right of any person to maintain an appropriate action against a private nuisance or for relief against any contamination or pollution.”
Water Quality Assn. v. City of Escondido, 97 Cal. Daily Op. Serv. 2045 (Cal. Ct. App. 1997). “) 9 For example, Water Code section 13002 provides in pertinent part: “No provision of this division or any ruling of the state board or a regional board is a limitation: [1(a) On the power of a city or county or city and county to adopt and enforce additional regulations, not…”
Dept. of Fin. v. Com. on State Mandates (Cal. Ct. App. 2021). “” (Wat. Code, § 13002, subd. (a).) We therefore reject the local government’s preemption arguments.”
San Diego Unified Port Dist. v. Monsanto Co. (S.D. Cal. 2020). “2 3 Cal. Wat. Code § 13002 . The term “person” includes “any city, county, district, the state, 4 and the United States .”
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