2007 California Health and Safety Code Article 1. Water Supply Provisions

CA Codes (hsc:116975-117075)

HEALTH AND SAFETY CODE
SECTION 116975-117075



116975.  No person shall put the carcass of any dead animal, or the
offal from any slaughter pen, corral, or butcher shop, into any
river, creek, pond, reservoir, or stream.



116980.  No person shall put any water closet, privy, cesspool or
septic tank, or the carcass of any dead animal, or any offal of any
kind, in, or upon the borders of, any stream, pond, lake, or
reservoir from which water is drawn for the supply of any portion of
the inhabitants of this state, in a manner that the drainage of the
water closet, privy, cesspool or septic tank, or carcass, or offal
may be taken up by or in the water.



116985.  No person shall allow any water closet, privy, cesspool, or
septic tank, or carcass of any dead animal, or any offal of any
kind, to remain in or upon the borders of any stream, pond, lake, or
reservoir within the boundaries of any land owned or occupied by him
or her, in a manner that the drainage from the water closet, privy,
cesspool or septic tank, or carcass, or offal, may be taken up by or
in the stream, pond, lake, or reservoir, if water is drawn therefrom
for the supply of any portion of the inhabitants of this state.



116990.  No person shall keep any horses, mules, cattle, swine,
sheep, or live stock of any kind, penned, corralled, or housed on,
over, or on the borders of any stream, pond, lake, or reservoir, in a
manner that the waters become polluted, if water is drawn therefrom
for the supply of any portion of the inhabitants of this state.




116995.  No person shall cause or permit any horses, cattle, sheep,
swine, poultry, or any kind of live stock or domestic animals, to
pollute the waters, or tributaries of waters, used or intended for
drinking purposes by any portion of the inhabitants of this state.




117000.  No person shall bathe, except as permitted by law, in any
stream, pond, lake, or reservoir from which water is drawn for the
supply of any portion of the inhabitants of this state, or by any
other means foul or pollute the waters of any such stream, pond,
lake, or reservoir.



117005.  Nothing in this article shall be held to prevent the
grazing of livestock in areas embracing any stream or watershed where
the grazing would not tend to render the waters unwholesome or
injurious to the public health.


117010.  Every person who washes clothes in any spring, stream,
river, lake, reservoir, well, or other waters that are used or
intended for drinking purposes by the inhabitants of the vicinage or
of any city, county, or town, of this state, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for  not
more than 90 days, or a fine of not less than fifty dollars () nor
more than one thousand dollars (,000), or by both such fine and
imprisonment.
   Each day's violation of this section is a separate offense.



117015.  Every person who violates, or refuses or neglects to
conform to, any sanitary rule, order, or regulation prescribed by the
department for the prevention of the pollution of springs, streams,
rivers, lakes, wells, or other waters used or intended to be used for
human or animal consumption, is guilty of a misdemeanor.




117020.  No person shall construct, maintain, or use any waste well
extending to or into a subterranean water-bearing stratum that is
used or intended to be used as, or is suitable for, a source of water
supply for domestic purposes, except pursuant to Article 6
(commencing with Section 13540) of Chapter 7, Division 7 of the Water
Code.



117025.  It is unlawful for the owner, tenant, lessee, or occupant
of any houseboat or boat intended for or capable of being used as a
residence, house, dwelling, or habitation, or agent of the owner,
tenant, lessee, or occupant to moor or anchor it or permit it to be
moored or anchored in or on any river or stream, the waters of which
are used for drinking or domestic purposes by any city, town, or
village, within a distance of two miles above the intake or place
where the city, town, or village water system takes water from the
river or stream.  This section does not apply to the mooring or
anchoring of a houseboat when necessary, during transportation, for a
period of not longer than one day.



117030.  Violation of this article may be enjoined by any court of
competent jurisdiction at the suit of any person whose supply of
water for human or animal consumption or for domestic purposes is or
may be affected, or by the state department.




117035.  Anything done, maintained, or suffered, in violation of any
of the provisions of this article is a public nuisance, dangerous to
health, and may be summarily abated as such.



117040.  A city, city and county, district or other public agency,
owning or operating a reservoir used for domestic or drinking water
purposes, may open to public fishing all or any part of the reservoir
and its surrounding land.


117045.  Before the reservoir and its surrounding land are opened to
public fishing the public agency owning or operating the reservoir
shall determine that the public fishing will not affect the purity
and safety for drinking and domestic purposes of the water collected
in the reservoir, and shall obtain from the department a valid water
supply permit setting forth the terms and conditions upon which
public fishing may be conducted in the reservoir and on its
surrounding land.



117050.  Public fishing shall not be conducted in a reservoir or on
its surrounding land if the reservoir is used as a regulating
reservoir to meet daily or peak consumption demands and as a terminal
reservoir to a water collecting facility and as a distribution
reservoir from which water may be supplied for drinking or domestic
purposes without full purification treatment after withdrawal from
the reservoir.



117055.  The department may allow public fishing on any terminal
reservoir if it finds that adequate means are being used to protect
drinking water quality and that public fishing will have no
significant effect on water quality.  The department shall examine
all feasible means of protecting water quality on terminal reservoirs
and other reservoirs where public fishing may be allowed.  The
department may close any terminal water supply reservoir to public
angling on an emergency basis, if water quality is threatened by
public use.


117060.  The public agency owning or operating the reservoir may
establish and collect fees, including charges for motor vehicle
parking, for the construction and operation of structures, facilities
and equipment and the operation and use of the reservoir and its
surrounding lands for public fishing.  The public agency may contract
with any agency or department of the federal government or the
state, with other public agencies or with private individuals for the
construction, operation and use of structures, facilities and
equipment and the performance of services necessary or convenient to
public fishing in the reservoir and on its surrounding land,
including the rental, lease or permission to use portions of the
reservoir and its surrounding lands for structures, facilities and
equipment necessary or convenient for the use of the public.  The
public agency may establish and enforce all rules and regulations
necessary or convenient to the conducting of public fishing on the
reservoir and its surrounding land and for the control, operation and
protection of the reservoir, its surrounding land and all
structures, facilities and equipment in connection with the
reservoir.


117065.  The public agency shall cause a copy of the rules and
regulations to be posted upon the area opened to public fishing and
other recreational uses, and it shall cause the rules and regulations
to be published at least once in a newspaper of general circulation
published in the county in which the reservoir is in whole or in part
situated, if there be a newspaper, otherwise in a newspaper of
general circulation published within the area of the public agency.
Such posting and publication shall be sufficient notice to all
persons.  The affidavit of the secretary, clerk, or corresponding
officer of the public agency that the rules and regulations have been
so posted and published is prima facie evidence thereof.  A copy of
the rules and regulations, attested by the secretary, clerk, or
corresponding officer of the public agency shall be prima facie
evidence that the regulations have been made by the public agency as
provided by law.


117070.  Any violation of any rule or regulation lawfully made by
the public agency is a misdemeanor.  The superior court of the county
within which the reservoir lies in whole or in part is a proper
place for trial of all prosecutions for violations of any rules and
regulations adopted by the public agency.



117075.  Sections 117040 to 117070, inclusive, shall not apply to
reservoirs used for domestic or drinking water purposes that are open
to fishing or recreational uses on September 11, 1957, or that have
been open to fishing or recreational uses prior to that date.

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