California Articles IX, X, X A and X B: Education and water
On this page (7 sections)
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
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
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
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 † Former Section 18 of Article XI added to Article XIII as Section 40, June 2, 1970 and repealed November 5, 1974.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
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
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.
Show the answer and why
"Waste or unreasonable use or unreasonable method of use of water" Verified1.
Show the answer and why
The public trust protects navigable waters from harm caused by diverting nonnavigable tributaries Verified5.
Show the answer and why
No (IX §8) Verified1.
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
- Constitutions of California and the United States, 2025-26 edition (PDF) California Constitution as last amended November 5, 2024. ↗
- Serrano v. Priest (1971) 5 Cal.3d 584 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
- Butt v. State of California (1992) 4 Cal.4th 668 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
- Joslin v. Marin Municipal Water Dist. (1967) 67 Cal.2d 132 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
- National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
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