State Water Board drops fine for two irrigation districts

Regulators with the State Water Resources Control Board have formally dropped complaints against two Northern California water districts. Both were accused of diverting water in summer 2015 in violation of a drought order.

In the case of the Byron-Bethany Irrigation District (BBID) the complaint included a $1.5 million fine. Though the Water Board also dismissed an enforcement order against the West Side Irrigation District of Tracy that order did not include a fine.

Ultimately, the State Water Board determined that there was not enough evidence to support the complaints that water had been diverted. For the Byron-Bethany Irrigation District the allegation stated that the district ignored curtailment orders that it did not have rights to under California’s priority system of water rights.

Both the allegations and the dismissal of the complaints is part of the on-going saga in California’s effort to establish control over water diversions. However, many agricultural districts hold some of the oldest water rights in the state and are at odds with the state over the authority of those rights.

The Water Board contends it maintains the authority to enforce actions even over senior water rights holders during times of shortages including drought conditions. Though the dismissal of the two complaints only covers BBID and the West Side Irrigation District the Water Board has been challenged by other water districts whose water rights date back more than 100 years.

State Water Board Member Tam Doduc said, “Enforcement remains a priority for this board” and said it was a “difficult case under difficult circumstances.” The Water Board will be researching methods to improve the determinations of how much water is accessible during future droughts.

BBID farmers were facing a difficult time in obtaining financing for this year’s crops due to the threat of the Water Board’s fine according to Tracy attorney Steve Nicolaou.

“I hope one lesson we can all learn from this is that with great power comes great responsibility,” Nicolaou said. “That power needs to be exercised wisely and judiciously…if it is not, the exercise of that power can have a significant impact on ordinary people.”

Despite formally dismissing the charges against the two water districts the State Water Board affirmed its authority to stop illegal diversions.