LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFish and Game CodeDiv. 6Pt. 1Ch. 3Art. 2§ 5938 Dam Fishway Hatchery Requirement

§ 5938 Dam Fishway Hatchery Requirement

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

§ 5938 Dam Fishway Hatchery Requirement

Key Takeaways

  • •If building a fish ladder (a way for fish to go around a dam) is too hard because the dam is too tall or other reasons, the dam owner might have to build a fish hatchery instead.
  • •The government picks where the hatchery goes and what it needs, like houses for workers and traps to catch fish.
  • •The dam owner has to pay for building the hatchery, but the government runs it after it’s built.
  • •The dam owner might still have to pay some costs later, but the main job is just building the hatchery.

Example

A company owns a really tall dam, and fish can’t swim past it to lay their eggs upstream.

Instead of making a fish ladder (which is too hard because the dam is so tall), the government tells the company to build a fish hatchery nearby. The company pays for the hatchery, and the government takes care of running it. The company might still have to pay some money later, but their big job is just building the hatchery.

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

Official Source
View on CA.gov

§ 5938 Dam Fishway Hatchery Requirement

Whenever in the opinion of the commission it is impracticable, because of the height of any dam, or other conditions, to construct a fishway over or around the dam, the commission may, in lieu of the fishway, order the owner of the dam completely to equip, within a specified time, on a site to be selected by the department, a hatchery, together with dwellings for help, traps for the taking of fish, and all other equipment necessary to operate a hatchery station, according to plans and specifications furnished by the department. After such hatchery has been constructed, the department shall operate it without further expense to the owner of the dam except as provided in Sections 5940 and 5941. (Enacted by Stats. 1957, Ch. 456.)

Last verified: January 23, 2026

Key Terms

fishwayhatcherydepartmentcommission

Related Statutes

  • § 5942 Dam Fish Planting Orders
  • § 5932 Fish Passage Structure Funding
  • § 5937 Dam Fish Passage Requirements
  • § 5939 Hatchery Size And Location
  • § 1050 License And Permit Issuance

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Fish and Game Code. Section 5938.
View Official Source