40/68 CA Arts IX–X B: Schools, water

California Articles IX, X, X A and X B: Education and water

Lesson 40 of 68 · Alcohol, schools, water and other state rules · 10 min read

On this page (7 sections)
  1. Article IX: Education
  2. Article X: Water
  3. Article X A: Water Resources Development
  4. Article X B: Marine Resources Protection Act of 1990
  5. In Williams
  6. Check yourself
  7. Sources cited on this page

Article IX covers public schools; Article X covers water. A school district, not the city, runs Williams schools, but the city's water conservation rules lean on Article X.

Key takeaways

  • "The Legislature shall provide for a system of common schools" (IX §5).
  • Education is treated as a fundamental interest under the state equal protection clauses (Serrano, Butt).
  • Water must be put to "beneficial use," and "waste or unreasonable use" is prevented (X §2).
  • The public trust protects navigable waters (National Audubon).

Article IX: Education

Official textCal. Const., Art. IX, §1 — Legislative Policyread in context: Cal. Const., Art. IX, §1 — Legislative Policy

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Official textCal. Const., Art. IX, §5 — Common School Systemread in context: Cal. Const., Art. IX, §5 — Common School System

The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Official textCal. Const., Art. IX, §8 — Sectarian Schools—Public Money—Doctrinesread in context: Cal. Const., Art. IX, §8 — Sectarian Schools—Public Money—Doctrines

No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State. † Former Section 18 of Article XI added to Article XIII as Section 40, June 2, 1970 and repealed November 5, 1974.

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Equal education. Serrano v. Priest (1971): the funding scheme "invidiously discriminates against the poor because it makes the quality of a child's education a function of the wealth of his parents and neighbors" (Serrano v. Priest (1971) 5 Cal.3d 584) Verified2. In Butt v. State (1992), the trial court found a district's early closure would deny students their "fundamental right to an effective public education," and the State itself is responsible for "the 'fundamental' educational rights of California students" (Butt v. State of California (1992) 4 Cal.4th 668) Verified3.

Section Heading Status
§ 1 Legislative Policy In force
§ 2 Superintendent of Public Instruction—Election—Date of Office—Number of Terms In force
§ 2.1 Deputy and Associate Superintendents of Public Instruction In force
§ 3 County Superintendents of Schools In force
§ 3.1 County Superintendents of Schools—Qualifications and Salaries In force
§ 3.2 Joint County Board of Education—Joint County Superintendent of Schools In force
§ 3.3 County Boards of Education—Qualifications and Terms of Office In force
§ 4 (former) — Repealed November 3, 1964.
§ 5 Common School System In force
§ 6 Public Schools—Salaries In force
§ 6½ School Districts—Bonds In force
§ 7 Boards of Education In force
§ 7.5 Free Textbooks In force
§ 8 Sectarian Schools—Public Money—Doctrines In force
§ 9 University of California In force
§ 10 (former) — Repealed November 5, 1974.
§ 11 (former) — Repealed November 5, 1974.
§ 12 (former) — Repealed November 5, 1974.
§ 13 (former) — Repealed November 5, 1974.
§ 14 School District Incorporation and Organization—Governing Board Powers In force
§ 15 (former) — Repealed November 5, 1974.
§ 16 Boards of Education—City Charter Provisions In force

Section headings and status come from the Senate's published text Verified1.

Article X: Water

Official textCal. Const., Art. X, §2 — Conservation and Beneficial Use of Water—Riparian Rightsread in context: Cal. Const., Art. X, §2 — Conservation and Beneficial Use of Water—Riparian Rights

It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare. The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water. Riparian rights in a stream or water course attach to, but to no more than so much of the flow thereof as may be required or used consistently with this section, for the purposes for which such lands are, or may be made adaptable, in view of such reasonable and beneficial uses; provided, however, that nothing herein contained shall be construed as depriving any riparian owner of the reasonable use of water of the stream to which the owner’s land is riparian under reasonable methods of diversion and use, or as depriving any appropriator of water to which the appropriator is lawfully entitled. This section shall be self-executing, and the Legislature may also enact laws in the furtherance of the policy in this section contained.

[New section adopted June 8, 1976.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Official textCal. Const., Art. X, §4 — Access to Navigable Watersread in context: Cal. Const., Art. X, §4 — Access to Navigable Waters

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. [New section adopted June 8, 1976.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

  • Reasonable use. The 1928 amendment was "construed as applying a rule of reasonable use 'to all water rights enjoyed or asserted in this state'" (Joslin v. Marin Municipal Water Dist. (1967) 67 Cal.2d 132) Verified4.
  • Public trust. "We conclude that the public trust doctrine, as recognized and developed in California decisions, protects navigable waters from harm caused by diversion of nonnavigable tributaries" (National Audubon Society v. Superior Court (1983) 33 Cal.3d 419) Verified5.
Section Heading Status
§ 1 State’s Right of Eminent Domain In force
§ 2 Conservation and Beneficial Use of Water—Riparian Rights In force
§ 3 Tidelands In force
§ 4 Access to Navigable Waters In force
§ 5 State Control of Water Use In force
§ 6 Compensation for Water Use In force
§ 7 Acquisition of Real Property—Conformance to California Water Laws In force

Section headings and status come from the Senate's published text Verified1.

Article X A: Water Resources Development

Section Heading Status
§ 1 Water Rights, Water Quality, and Fish and Wildlife Resources Guaranteed and Protected In force
§ 2 Statutes for Protection of Fish and Wildlife Resources, Delta, Etc In force
§ 3 Appropriations of Water—Components of California Wild and Scenic Rivers System In force
§ 4 Statutes Amending, Repealing, or Adding to Delta Protection Act In force
§ 5 Eminent Domain Proceedings to Acquire Water Rights or Contract Rights for Water or Water Quality Maintenance in Delta Prohibited In force
§ 6 Actions and Proceedings In force
§ 7 State Agencies’ Exercise of Authorized Powers In force
§ 8 Force or Effect of Article In force

Section headings and status come from the Senate's published text Verified1.

Article X B: Marine Resources Protection Act of 1990

Section Heading Status
§ 1 Title In force
§ 2 Definitions In force
§ 3 Gill and Trammel Nets—Usage In force
§ 4 Gill and Trammel Nets—Usage In force
§ 5 Gill and Trammel Nets—Usage In force
§ 6 Permit Fees In force
§ 7 Permitholder’s Compensation for Discontinuing Fishing with Gill and Trammel Nets In force
§ 8 Marine Resources Protection Account—Fees—Interest In force
§ 9 Marine Resources Protection Account—Grants In force
§ 10 Report to Legislature In force
§ 11 Violations In force
§ 12 Commercial Fishing Daily Landings Monitoring and Evaluating Program In force
§ 13 Penalties for Violations—Probation—Fine In force
§ 14 New Ecological Reserves In force
§ 15 Article not Preempting or Superseding Other Protective Closures In force
§ 16 Severability In force

Section headings and status come from the Senate's published text Verified1.

In Williams

  • Water conservation rules in the WMC rest on the city's police power and Article X, §2's reasonable-use policy Verified1.
  • Schools in Williams are run by a school district under state law, not the city. Our reading: concerns go to the district board, not the council.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.

Question 1. What does Article X, §2 prohibit?

Show the answer and why

"Waste or unreasonable use or unreasonable method of use of water" Verified1.

Question 2. What did National Audubon hold?

Show the answer and why

The public trust protects navigable waters from harm caused by diverting nonnavigable tributaries Verified5.

Question 3. Can public money support a sectarian school?

Show the answer and why

No (IX §8) Verified1.

Question 4. Scenario: Suppose a parent asks the City Council to change the local school's schedule. What is the best answer?

Show the answer and why

Answer: Schools are run by a school district under state law, not the city, so take it to the district.

Schools in Williams are run by a school district under state law, not the city.

From this lesson: “Schools in Williams are run by a school district under state law, not the city.”

Sources cited on this page

  1. Constitutions of California and the United States, 2025-26 edition (PDF) (California State Senate; official; accessed 2026-10-17) California Constitution as last amended November 5, 2024. ↗
  2. Serrano v. Priest (1971) 5 Cal.3d 584 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
  3. Butt v. State of California (1992) 4 Cal.4th 668 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
  4. Joslin v. Marin Municipal Water Dist. (1967) 67 Cal.2d 132 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
  5. National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗

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