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HomeHarbors and Navigation CodeDiv. 1.5Ch. 2§ 104 Navigable Waterways Public Access

§ 104 Navigable Waterways Public Access

Harbors and Navigation Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 104 Navigable Waterways Public Access

This law says that the listed rivers, creeks, bays and their nearby waters are public routes that anyone can use for navigation.

Key Takeaways

  • •The named waterways are officially public, so anyone can travel on them.
  • •The description includes exact start and end points (like "from its mouth to a point three miles from its mouth").
  • •If a waterway is not listed here, the law does not automatically make it public.

Example

A family wants to take their small boat up the Napa River from where it meets the ocean to a spot just a little bit past Lawrence Street in Napa.

Because the law lists that stretch of the Napa River as a public way, the family can legally boat there without needing special permission.

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

Official Source
View on CA.gov

§ 104 Navigable Waterways Public Access

The following streams and waters are also navigable and are public ways: Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence Street in the city of Napa; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma rivers. Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks. Newport Bay, in the county of Orange, and all its arms, and the sloughs connecting with the bay in which the tide ebbs and flows, including “The Rialto” and “The Rivo Alto” as shown upon a map of Canal Section, Newport Beach, recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer’s Landing. Noyo River, to a point three miles from its mouth. Petaluma River, from its mouth to the southerly line of Washington Street, in the city of Petaluma. (Amended by Stats. 1939, Ch. 613.)

Last verified: January 11, 2026

Key Terms

navigablepublic waysNapa RiverFirst Napa CreekSecond Napa CreekThird Napa CreekNeuces CreekNewport BayNovato CreekNoyo RiverPetaluma River

Related Statutes

  • § 101 Navigable California Waters List
  • § 102 California Navigable Waters List
  • § 103 Public Navigable Waterways List
  • § 105 Navigable California Waterways
  • § 106 Public Navigable Waterways List

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Harbors and Navigation Code. Section 104.
View Official Source