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HomeFish and Game CodeDiv. 6Pt. 1Ch. 3Art. 2§ 5937 Dam Fish Passage Requirements

§ 5937 Dam Fish Passage Requirements

Fish and Game Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5937 Dam Fish Passage Requirements

Key Takeaways

  • •If you own a dam, you must let enough water pass through so fish downstream stay healthy.
  • •If there's no fishway (a special path for fish), you still have to let water go over, around, or through the dam for the fish.
  • •If the river is really low on water, the government might let you use a different way to let water out (like a pipe or gate) if using the fishway would hurt you or not work well.

Example

A farmer owns a dam on a small river. There’s no fishway, and the river is very low because it hasn’t rained much.

The farmer must still let enough water go around or through the dam so the fish below don’t die. If the normal way is too hard or costs too much, the government might say it’s okay to use a pipe or gate instead.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5937 Dam Fish Passage Requirements

The owner of any dam shall allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam. During the minimum flow of water in any river or stream, permission may be granted by the department to the owner of any dam to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below the dam, when, in the judgment of the department, it is impracticable or detrimental to the owner to pass the water through the fishway. (Enacted by Stats. 1957, Ch. 456.)

Last verified: January 23, 2026

Key Terms

damfishwaysufficient waterfishdepartmentculvertwaste gate

Related Statutes

  • § 5935 Dam Fishway Maintenance
  • § 5938 Dam Fishway Hatchery Requirement
  • § 5942 Dam Fish Planting Orders
  • § 1001 Wildlife Taking Authority
  • § 1050.1 License And Fee Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Fish and Game Code. Section 5937.
View Official Source