California Constitution Article X - Water [Sections 1 - 7]
California Constitution – Article X: Water
[Sections 1–7]
🌊 Purpose of Article X:
Article X of the California Constitution governs the use, ownership, and regulation of water in the state. It reflects California’s commitment to managing water as a public resource for the benefit of all people, especially given its history of droughts, agriculture, and complex water rights.
🔹 Section-by-Section Summary:
Section 1 – Navigable Waters as Public Property
All navigable waters in California are considered public.
The state holds these waters in trust for the people, ensuring access for navigation, commerce, fishing, and recreation.
Section 2 – Water Rights Conditional on Beneficial Use
Water rights are limited to beneficial use (e.g., irrigation, domestic use).
No one owns the water itself, only the right to use it under strict terms.
Wasteful or unreasonable use of water is prohibited.
Section 3 – Right of Access to Navigable Waters
Prevents individuals or private entities from blocking access to navigable waters.
Ensures public access for lawful activities like boating or fishing.
Section 4 – Rights to Waters Not Navigable
Owners of land along non-navigable streams have rights to use the water.
These uses must still comply with state water law and cannot harm downstream users.
Section 5 – Construction for Public Water Use
Allows the State or its subdivisions to build necessary infrastructure (e.g., dams, canals, pipelines) to deliver water for public benefit.
Includes the power of eminent domain, subject to fair compensation.
Section 6 – Enforcement of Water Laws
The Legislature must enact laws to carry out the principles in Article X.
Encourages strong legal and regulatory structures to manage water resources.
Section 7 – Application to Prior Rights
Article X does not invalidate pre-existing water rights granted or recognized under prior laws.
Ensures a balance between historic water rights and modern water policy.
✅ Key Principles of Article X:
Water is a public resource.
Use must be reasonable and beneficial.
No waste or monopolization.
Protects public access and environmental interests.
Balances private rights with the public good.
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