Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE DEPARTMENT OF BOATING AND WATERWAYS has requested an opinion on the following question: Does the Department of Boating and Waterways have the authority to close navigable waters to recreational boaters during periods of emergency, such as flood conditions? CONCLUSION The Department of Boating and Waterways has the authority to close navigable waters to recreational boaters during periods of emergency, such as flood conditions, when such emergency rules and regulations are required to insure the safety of persons and property. ANALYSIS In January of 1997, the waters of the San Joaquin-Sacramento Delta flooded areas of the state that are normally protected by a system of levees. The question presented for resolution is whether the Department of Boating and Waterways ("Department") may close navigable waterways to recreational boaters during times of emergency. We conclude that it may. Preliminarily, we must address whether, and under what conditions, the state may limit, restrict, or close "navigable waters." (Harb. Nav. Code, § 36 .) 1 Only if the state has such authority will it be necessary to…