It is hereby declared to be the established policy of this state that conformity of a use, method of use, or method of diversion of water with local custom shall not be solely determinative of its reasonableness, but shall be considered as one factor to be weighed in the determination of the reasonableness of the use, method of use, or method of diversion of water, within the meaning of Section 2 of Article X of the California Constitution.
Cal. Water Code § 100.5
General State Policy
Applied in 2 court decisions — leading case 102 Fed. Cl. 443 - Casitas Municipal Water District v. United States (2011)
Most recently applied in 228 Cal. Rptr. 3d 584 - Santa Barbara Channelkeeper v. City of San Buenaventura (January 2018)
Added by Stats. 1980, Ch. 933, Sec. 1.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.