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Californians to face increased penalties for unlawful water diversion

Aerial photo of the California Aqueduct at the Interstate 205 crossing, just east of Interstate 580 junction in Alameda County.
Ikluft
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Wikimedia Commons / Creative Commons
Aerial photo of the California Aqueduct at the border of Alameda and San Joaquin Counties

New legislation headed to the governor’s desk will increase daily fines for water rights holders who defy state orders.

In August of 2022, a group of ranchers in Siskiyou County defied a state water order. They pumped water from the drought-plagued Shasta River for eight days. The river provides habitat for salmon, and California was experiencing its driest three-year stretch on record.

According to our friends at CalMatters, state officials levied the maximum fine allowed: $4,000, or roughly $50 per rancher. Now, the new law will double daily fines for water rights holders who commit minor violations across the state.

Assemblymember Rebecca Bauer-Kahan from San Ramon authored the bill. She said the goal of the legislation is quote: “to make sure that we’re all playing by the rules — that we don’t have a tragedy of the commons, where some are taking more and others have none.”

Opposition from farmers and agencies, like the East Bay Municipal Water District, fell away after Bauer-Kahan removed language to expand the state’s overall powers on what’s considered a violation. Businesses and water groups said that would have robbed them of due process.

The bill passed through a final vote late on Friday. The ease of this bill’s passing is notable given the state’s complex system that governs water rights.

I’m joining KALW News as a Beat Reporter Fellow, and this year I’ll be focusing on transportation issues in and around the Bay Area.