Water Code- General Provisions

1 California State Water Resources Control Board WATER CODE GENERAL PROVISIONS (General Provisions enacted by Stats. 1943, Ch. 368.) § 1. This act shall be known as the Water Code. (Enacted By Stats. 1943, Ch. 368.) § 2. The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1943, Ch. 368.) § 3. All persons who, at the time this code takes effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1943, Ch. 368.) § 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1943, Ch. 368.) § 5. Unless the provision or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this code. (Enacted by Stats. 1943, Ch. 368.) § 6. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1943, Ch. 368.) § 7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1943, Ch. 368.) § 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, petition, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1943, Ch. 368.) 2 Porter-Cologne Act and Related Water Code Sections January 2016 § 9. Whenever reference is made to any portion of this code or of any other law of this State, the reference applies to all amendments and additions heretofore or hereafter made. (Enacted by Stats. 1943, Ch. 368.) § 10. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1943, Ch. 368.) § 11. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1943, Ch. 368.) § 12. The masculine gender includes the feminine and the neuter. (Enacted by Stats. 1943, Ch. 368.) § 13. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1943, Ch. 368.) § 14. “County” includes city and county. (Enacted by Stats. 1943, Ch. 368.) § 15. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1943, Ch. 368.) § 16. “Oath” includes affirmation. (Enacted by Stats. 1943, Ch. 368.) § 17. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1943, Ch. 368.) § 18. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1943, Ch. 368.) § 19. “Person” means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. (Amended by Stats. 1994, Ch. 1010, Sec. 226. Effective January 1, 1995.) 3 California State Water Resources Control Board § 20. “United States” means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. (Enacted by Stats. 1943, Ch. 368.) § 21. If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1943, Ch. 368.) § 22. “Department,” unless otherwise specified, means the Department of Water Resources. (Amended by Stats. 1956, 1st Ex. Sess., Ch. 52.) § 23. “Director,” unless otherwise specified, means the Director of Water Resources. (Repealed and added by Stats. 1956, 1st Ex. Sess., Ch. 52.) § 24. The standard miner’s inch of water is equivalent to one and one-half cubic feet of water per minute, measured through any aperture or orifice. (Enacted by Stats. 1943, Ch. 368.) § 25. “Board,” unless otherwise specified, means the State Water Resources Control Board. (Added by Stats. 1967, Ch. 284.) § 26. For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050. (Added by Stats. 1995, Ch. 28, Sec. 11.5. Effective January 1, 1996.) DIVISION 1. GENERAL STATE POWERS OVER WATER [100. - 540.] (Division 1 enacted by Stats. 1943, Ch. 368.) CHAPTER 1. GENERAL STATE POLICY [100. - 113.] (Chapter 1 enacted by Stats. 1943, Ch. 368.) § 100. It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such water is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or watercourse in this State is and shall be limited to