A water access right of way is a legal right to access a waterway, such as the ocean, bays, harbors, inlets, estuaries, lakes, rivers, or streams for recreational or other purposes. In California, the public has a constitutional right to access waterways.
Article 10 SEC 4 of the California Constitution prohibits excluding the right of way to access the water.
Here is the section from the California Constitution:
Begin California Constitution ARTICLE X WATER
SEC. 4.
No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof.
End California Constitution ARTICLE X WATER
Navigable waterways
The public has the right to use navigable waterways for recreational purposes, such as fishing, swimming, and boating
A stream is considered navigable if it's suitable for public use, even if it's not navigable year-round
The public can use the stream up to the high water mark
The public can also use the bottom of the stream for anchoring, standing, and other purposes
The California water access right of way outlined in Article 10 SEC 4 of the California Constitution is an important right for those who SUP, kayak, canoe, surf and others who use the ocean, lakes, rivers and streams of California for recreational or other purposes.
This article covers water access right of ways in California and waterway access rights in California. A water access right of way is a legal right to access a waterway, such as the ocean, a bay, harbor, inlet, estuary, lake, river, or stream for recreational or other purposes. In California, the public has a constitutional right to access waterways granted in article 10 section 4 of the California Constitution.