The State Water Resources Control Board issued a draft complaint, alleging unauthorized diversion and use of water by the Byron-Bethany Irrigation District, which supplies water to farmers and others in the Central Valley. The bill addresses a number of challenges posed to water resources in the Western United States including drought management, infrastructure, water rights and federal regulation.
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The so-called senior water rights holders are generally protected from mandatory cutbacks.
Despite that, the district continued taking water until June 25. The district estimates its farmers will see a $65 million loss in crops that include cherries, walnuts and grapes.
On Monday, district general manager Rick Gilmore said he hadn’t known about the fine.
On June 12 the State Water Board notified all pre-1914 rights holders with a priority date of 1903 or later in the Sacramento-San Joaquin watersheds and Delta that there was insufficient supply available to meet the needs of all water right holders, and that water was no longer available for diversion under their right. The board has sent out more than 9,000 notices across parched California warning there wasn’t enough water entitled under rights.
State inspectors have conducted about 1,200 investigations in the past year but only took action on two. It allegedly took more than 2,000 acre-feet of water, totaling about 652 million gallons, the Sacramento Bee reported.
“Our resources are somewhat limited here, and we are taking our cases as we can get them and as we can develop them”, Tauriainen said.
Unlike the vast majority of communities in California, Mountain House purchases all of its water from Byron-Bethany, so the curtailment order prompted a frantic search for new sources.
However, the agency staff recommended a penalty of $1.5 million, which the board can decide to accept, reduce or raise.
District spokeswoman Erin Gilhuly did not have an immediate comment.
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Courts have not settled the question of whether the board has authority to demand cuts from farmers, cities and individuals with California’s oldest claims to water. West Side’s lawyer said the state’s charge was done in retaliation for the lawsuit.
