A State Water Resources Development System right-of-way is the strip of land that California’s Department of Water Resources (DWR) controls around the infrastructure that makes up the State Water Project. This includes the land surrounding and beneath the California Aqueduct, dams, reservoirs, pipelines, tunnels, and related facilities. If you’ve encountered this term on a property deed, title report, or development notice, it means the state holds legal authority over that land to operate, maintain, and protect its water delivery system.
What the Right-of-Way Covers
The State Water Project is one of the largest public water and power systems in the country, moving water from Northern California to farms and cities in the south. The right-of-way is the designated corridor of land DWR needs to keep all of that running. It spans the California Aqueduct (which includes open canals, enclosed pipelines, and tunnels), plus the land around dams, reservoirs, mitigation properties, and other supporting infrastructure.
The right-of-way isn’t just the physical footprint of a canal or pipeline. It extends outward from the infrastructure to give DWR enough room for maintenance access, safety buffers, and future repairs. The full width of the right-of-way varies depending on the type of infrastructure and location, but California regulations refer to using “the full width of the right-of-way” for purposes like green belt areas, and they set specific clearance rules. For example, utilities crossing the aqueduct must maintain at least 12 inches of clearance from the top of the canal lining, and bridge abutments must sit at least five feet from the canal lining.
Legal Authority Behind It
DWR’s control over these corridors comes from California Water Code Section 12899, which authorizes the department to establish and enforce rules about what can and cannot happen within the right-of-way. The implementing regulations appear in Title 23, Division 2, Chapter 6 of the California Code of Regulations. Together, these laws give DWR the power to issue or deny encroachment permits for any activity that touches the right-of-way, and to remove unauthorized structures or uses.
The state can hold this land in two ways: through fee title, where DWR owns the land outright, or through an easement, where a private party retains ownership but the state holds specific rights over the property. If DWR holds an easement, you may still own the underlying land, but your ability to use it is restricted by the terms of that easement. The distinction matters because fee title gives the state complete control, while an easement limits both what the state can do and what the property owner can do, depending on which rights were conveyed and which were reserved.
What You Can and Cannot Do on the Right-of-Way
If your property overlaps with a State Water Resources Development System right-of-way, you need an encroachment permit from DWR before building, installing, or altering anything within it. This applies to fences, driveways, utility lines, landscaping, drainage improvements, and any other physical change.
Some activities face stricter limits than others. Landscaping is not permitted within the right-of-way where an open aqueduct exists. Where longitudinal encroachments (structures that run parallel to the aqueduct) are allowed, they must stay within 10 feet of the right-of-way boundary and on the downslope side of any open canal. These rules exist to protect water quality, prevent contamination, and ensure DWR crews can reach the infrastructure quickly for inspections or emergency repairs.
Unauthorized encroachments, meaning anything placed in the right-of-way without a permit, can be ordered removed at the property owner’s expense.
How to Find Out If Your Property Is Affected
The most reliable way to determine whether your land falls within a State Water Project right-of-way is to contact DWR’s Division of Engineering directly. The department maintains maps and data through its Real Estate branch, and staff can confirm whether a specific parcel overlaps with the system’s right-of-way.
You can reach DWR’s encroachment permit team at [email protected] or by calling (800) 600-4397. Their mailing address is the Division of Engineering, Department of Water Resources, P.O. Box 942836, 715 P Street, Suite 5, Sacramento, CA 94236-0001. A title search on your property may also reveal a recorded easement or fee interest held by DWR, which would appear as an exception on a preliminary title report.
Why This Matters for Property Owners and Developers
Discovering a State Water Resources Development System right-of-way on or near your property affects what you can build, where you can build it, and how long the permitting process takes. Developers planning subdivisions, utility companies routing new lines, and homeowners adding structures near the aqueduct all need to account for DWR’s requirements early in their planning.
The encroachment permit process involves DWR reviewing your proposed activity for compatibility with the water system’s operations and safety. Projects that could compromise the structural integrity of the aqueduct, restrict maintenance access, or introduce contamination risks are likely to be denied or require significant modifications. Even projects that seem minor, like installing a fence or grading land near the canal, fall under DWR’s jurisdiction if they touch the right-of-way. Starting with a call to DWR before you design or bid a project can save considerable time and cost down the line.