Art. X A, § 5

No eminent domain over Delta water rights for export

Limit Water & Natural Resources Art. X A · Water Resources Development

Official text rightpowerlimitif conditionlegal term

No public agency may utilize eminent domain proceedings to acquire water rights, which are held for uses within the Sacramento-San Joaquin Delta as defined in Section 12220 of the Water Code, or any contract rights for water or water quality maintenance in the Delta for the purpose of exporting such water from the Delta. This provision shall not be construed to prohibit the utilization of eminent domain proceedings for the purpose of acquiring land or any other rights necessary for the construction of water facilities, including, but not limited to, facilities authorized in Chapter 8 (commencing with Section 12930) of Part 6 of Division 6 of the Water Code.

History: Sec. 5 added Nov. 4, 1980, by Prop. 8. Res.Ch. 49, 1980. No force or effect.

Simplified explanation

No public agency may use eminent domain to acquire Delta water rights or Delta water contract rights in order to export the water. Eminent domain may still be used to acquire land or other rights needed to build water facilities.