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HomeWater CodeDiv. 2Pt. 1Ch. 1§ 1005 Municipal Water Rights Protection

§ 1005 Municipal Water Rights Protection

Water Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1005 Municipal Water Rights Protection

This law says that cities and water districts in California can still use their water rights, even if they don't use the water all the time. It also protects water that the U.S. government has promised to give to California cities or districts from being taken by someone else.

Key Takeaways

  • •Cities and water districts keep their water rights even if they don’t use the water all the time.
  • •If the U.S. government promises water to a California city or district, no one else can take that water away.
  • •This law applies to rivers that are part of deals between states.

Example

A city in California has a deal with the U.S. government to get water from a river that flows between California and another state.

Even if the city doesn’t use all the water right away or stops using it for a while, no one else can take that water. The city keeps its right to the water as long as the deal with the U.S. government is in place.

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

Official Source
View on CA.gov

§ 1005 Municipal Water Rights Protection

Nothing in this division shall be construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the benefit of any law heretofore or hereafter passed for their benefit in regard to the appropriation or acquisition of water. Any right to the water of any stream which flows along a boundary of the State and which is the subject of an interstate compact to which the State is a party, to the extent such right relates to quantities of water which the United States has, under the authority of an act of Congress, contracted to deliver to any municipal corporation, political subdivision, or public district in the State, from storage constructed by the United States on any such stream, shall not be subject to any requirement or limitation provided by law relating to the time within which the construction of works for the use of such water shall be commenced, carried on, or completed, or within which such water shall be put to use, or relating to the continuity of use of such water; and water contracted to be delivered from such stream, shall be reserved to the contractor therefor without diminution by reason of the contractor’s failure to apply such water to use during any period, and shall not be subject to appropriation by any other than such contractor. (Amended by Stats. 1943, Ch. 230.)

Last verified: January 11, 2026

Key Terms

appropriation or acquisition of waterinterstate compactmunicipal corporationpolitical subdivisionpublic districtcontractordiminutionfailure to apply such water to use

Related Statutes

  • § 11102 Public Water Agencies Definition
  • § 1245 Watershed Access Liability Rules
  • § 1246 Arbitration Of Damage Claims
  • § 12620 County And Agency Recommendations
  • § 22122 Power Generation Water Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 1005.
View Official Source