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HomeWater CodeDiv. 6Pt. 3Ch. 6Art. 2§ 11584 Water Rights Eminent Domain Limits

§ 11584 Water Rights Eminent Domain Limits

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

§ 11584 Water Rights Eminent Domain Limits

This law says the government can't take water or water systems that were already being used before 1934 unless a court decides the government's new use is more important.

Key Takeaways

  • •If someone was using water or built water systems (like dams or canals) before 1934, the government can't easily take it.
  • •The government must go to court and prove their new use is more important than the current use.
  • •This only applies to water rights or systems that started before 1934.

Example

A farmer has been using water from a river to grow crops since 1930. The government wants to take that water for a new city project.

The government can't just take the water. They have to go to court and prove their project is more important than the farmer's crops.

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

Official Source
View on CA.gov

§ 11584 Water Rights Eminent Domain Limits

No water which, prior to January 13, 1934, was appropriated, or for which application has been filed prior to January 13, 1934, and remains in good standing, nor any tunnels, canals, dams, and appurtenant works dedicated to public use prior to July 1, 1933, may be acquired by the department through eminent domain proceedings except, unless and until it is first determined in a court of competent jurisdiction that the use proposed to be made thereof by the department is a more necessary public use than that to which it has already been appropriated or dedicated. (Amended in Stats. 1957, Ch. 1932.)

Last verified: January 11, 2026

Key Terms

eminent domainmore necessary public useappropriateddedicated to public use

Related Statutes

  • § 11580 Eminent Domain For Projects
  • § 11585 State Water Use Priority
  • § 11586 Public Water Use Rights
  • § 11575 State Water Project Authority
  • § 11577 Eminent Domain Rights Preservation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Water Code. Section 11584.
View Official Source