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HomeWater CodeDiv. 2Pt. 2Ch. 1Art. 1.3§ 1205 Stream System Appropriation Declaration

§ 1205 Stream System Appropriation Declaration

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

§ 1205 Stream System Appropriation Declaration

This law lets a water board declare that a river or lake system is fully used up and can't get more water rights, and it can later change or cancel that declaration.

Key Takeaways

  • •The board can declare a waterway fully used up after a hearing.
  • •That declaration means no new water rights can be granted for that system.
  • •The board can later revoke or change that declaration if circumstances change.

Example

A farmer wants to take more water from a creek for irrigation.

The board first checks if the creek already has enough water being used for things like drinking, farming, and fish. If they find no extra water is left, they can say the creek is fully appropriated, meaning the farmer cannot get new rights.

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

Official Source
View on CA.gov

§ 1205 Stream System Appropriation Declaration

(a) Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated. As used in this article, “stream system” includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels. (b) A declaration that a stream system is fully appropriated shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses where the board finds that previous water rights decisions have determined that no water remains available for appropriation. (c) Upon its own motion or upon petition of any interested person, and following notice and hearing, the board may revoke or revise a declaration that a stream system is fully appropriated. (Added by Stats. 1987, Ch. 788, Sec. 1.)

Last verified: January 11, 2026

Key Terms

stream systemfully appropriatedsubterranean streambeneficial useswater rights decisions

Related Statutes

  • § 1206 Stream System Appropriation Limits
  • § 10801 Agricultural Water Use Efficiency
  • § 1207 Hearing Notice Requirements
  • § 1242.5 Water Storage For Quality Protection
  • § 1243.5 Water Allocation Public Interest

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 1205.
View Official Source