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	<title>riparian rights &#8211; CalWatchdog.com</title>
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		<title>CA water rights hit hard</title>
		<link>https://calwatchdog.com/2015/06/14/ca-water-rights-hit-hard/</link>
					<comments>https://calwatchdog.com/2015/06/14/ca-water-rights-hit-hard/#comments</comments>
		
		<dc:creator><![CDATA[James Poulos]]></dc:creator>
		<pubDate>Sun, 14 Jun 2015 14:30:47 +0000</pubDate>
				<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[Water/Drought]]></category>
		<category><![CDATA[farmers]]></category>
		<category><![CDATA[Gov. Jerry Brown]]></category>
		<category><![CDATA[water rights]]></category>
		<category><![CDATA[riparian rights]]></category>
		<category><![CDATA[Water Resources Control Board]]></category>
		<guid isPermaLink="false">http://calwatchdog.com/?p=80874</guid>

					<description><![CDATA[After floating the possibility for months, authorities followed through on threatened curtailments on California&#8217;s most senior water rights holders. &#8220;The action by the State Water Resources Control Board, after weeks of]]></description>
										<content:encoded><![CDATA[<p><a href="http://calwatchdog.com/wp-content/uploads/2015/05/water.jpg"><img fetchpriority="high" decoding="async" class="alignright size-medium wp-image-79625" src="http://calwatchdog.com/wp-content/uploads/2015/05/water-300x200.jpg" alt="water" width="300" height="200" /></a>After floating the possibility for months, authorities followed through on threatened curtailments on California&#8217;s most senior water rights holders.</p>
<p>&#8220;The action by the State Water Resources Control Board, after weeks of warnings, affects 114 different water-rights holders in the Sacramento and San Joaquin river watersheds, as well as the Delta region,&#8221; the Sacramento Bee <a href="http://www.sacbee.com/news/state/california/water-and-drought/article23849281.html" target="_blank" rel="noopener">reported</a>. Not since 1977 have restrictions dug so deep into the state&#8217;s so-called riparian rights system.</p>
<h3>Only the beginning</h3>
<p>State officials <a href="http://www.nytimes.com/2015/06/13/us/california-announces-restrictions-on-water-use-by-farmers.html?_r=1" target="_blank" rel="noopener">told</a> the New York Times that further restrictions are all but a foregone conclusion, with reassessments to be conducted on a weekly basis.</p>
<p>&#8220;The reductions announced Friday apply to more than 100 water right holders in the San Joaquin and Sacramento watersheds and delta whose claims to water came after 1903,&#8221; reported the Times. &#8220;While the cuts will fall primarily on farmers, some will affect small city and municipal agencies, as well as state agencies that supply water for agricultural and environmental use. Water can still be used for hydropower production, as long as the water is returned to rivers.&#8221;</p>
<p><a href="http://calwatchdog.com/wp-content/uploads/2015/04/Farm.jpg"><img decoding="async" class="alignright size-medium wp-image-78905" src="http://calwatchdog.com/wp-content/uploads/2015/04/Farm-210x220.jpg" alt="Farm" width="210" height="220" srcset="https://calwatchdog.com/wp-content/uploads/2015/04/Farm-210x220.jpg 210w, https://calwatchdog.com/wp-content/uploads/2015/04/Farm.jpg 600w" sizes="(max-width: 210px) 100vw, 210px" /></a>Despite the blanket expansion of cuts, some rights holders fared better than others. San Francisco, where rights date to 1901, avoided the strictures for now. Meanwhile, in the state&#8217;s agricultural heartland, the pain was sharply felt. According to the Bee, residents drawing water from the federal Central Valley Project and the State Water Project &#8220;have lost about one-third of their water this year. The University of California, Davis, estimates that more than 560,000 acres of farmland will sit idle.&#8221;</p>
<h3>A different future</h3>
<p>Deep into the most serious and protracted challenge of his time in office, Gov. Jerry Brown has tightened the taps with a methodical urgency and a quintessentially Californian sort of spirituality. In recent remarks for the Los Angeles Times, Brown <a href="http://www.latimes.com/local/lanow/la-me-ln-brown-drought-20150609-story.html#page=1" target="_blank" rel="noopener">took</a> a cosmic view of California&#8217;s future, weaving conservationism and futurism together in an extended metaphor of &#8220;spaceship Earth.&#8221;</p>
<p>&#8220;We are altering this planet with this incredible power of science, technology and economic advance. If California is going to have 50 million people, they’re not going to live the same way the native people lived, much less the way people do today,&#8221; said Brown. &#8220;You have to find a more elegant way of relating to material things. You have to use them with greater sensitivity and sophistication.&#8221;</p>
<p>But Brown affirmed that residents will have to pay for their enlightened approach to growth. &#8220;A lot of heavy lifting will be done by local water districts, and that will show up in your water bill,&#8221; he told the Times.</p>
<h3>To the courts</h3>
<p>Not all Californians, of course, share Brown&#8217;s vision, or that of the Water Resources Control Board. The result, analysts predicted, would be a flood of litigation. &#8220;Within hours of the board&#8217;s announcement,&#8221; the Los Angeles Times <a href="http://www.latimes.com/local/lanow/la-me-ln-drought-water-rights-20150612-story.html" target="_blank" rel="noopener">recounted</a>, &#8220;officials of the Oakdale Irrigation District in the San Joaquin Valley issued a statement saying that they were ready to seek a court injunction to put a hold on the curtailment.&#8221;</p>
<p>Their case appeared to hinge on claims that the WRCB used inadequate information on water use to overstep its regulatory authority. Oakdale Irrigation District chief Steve Knell suggested to the Times that California &#8220;doesn&#8217;t have the authority to manage pre-1914 rights, nor does the board have accurate data on diversions by junior rights holders.&#8221;</p>
<p>But the board blamed the cuts&#8217; rough consequences on the state&#8217;s inflexible rights regime. &#8220;Those ordered to stop diverting from rivers and streams have other options, including tapping groundwater, buying water at rising costs, using previously stored water or leaving fields unplanted,&#8221; officials <a href="http://www.foxnews.com/us/2015/06/13/in-california-nearly-ironclad-decades-old-water-rights-halted-amid-lingering/" target="_blank" rel="noopener">said</a>, according to the Associated Press. WRCB executive director Thomas Howard was blunt: &#8220;It&#8217;s going to be different story for each one of them, and a struggle for all of them.&#8221;</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">80874</post-id>	</item>
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		<title>Uneven CA water cuts prompt public outcry</title>
		<link>https://calwatchdog.com/2015/06/01/uneven-ca-water-cuts-prompt-public-outcry/</link>
					<comments>https://calwatchdog.com/2015/06/01/uneven-ca-water-cuts-prompt-public-outcry/#comments</comments>
		
		<dc:creator><![CDATA[James Poulos]]></dc:creator>
		<pubDate>Mon, 01 Jun 2015 14:47:37 +0000</pubDate>
				<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[Water/Drought]]></category>
		<category><![CDATA[riparian rights]]></category>
		<category><![CDATA[San Jose Water]]></category>
		<category><![CDATA[Gov. Jerry Brown]]></category>
		<category><![CDATA[lawn watering]]></category>
		<category><![CDATA[State Water Resources Control Board]]></category>
		<guid isPermaLink="false">http://calwatchdog.com/?p=80494</guid>

					<description><![CDATA[A cascade of new water regulations has brought the drought home to millions of residents across California, cutting into their indoor and outdoor use and, often, prompting an outcry. But the impact]]></description>
										<content:encoded><![CDATA[<p><a href="http://calwatchdog.com/wp-content/uploads/2015/04/Water-spigot.jpg"><img decoding="async" class="alignright size-medium wp-image-79256" src="http://calwatchdog.com/wp-content/uploads/2015/04/Water-spigot-300x201.jpg" alt="Water spigot" width="300" height="201" srcset="https://calwatchdog.com/wp-content/uploads/2015/04/Water-spigot-300x201.jpg 300w, https://calwatchdog.com/wp-content/uploads/2015/04/Water-spigot-1024x688.jpg 1024w, https://calwatchdog.com/wp-content/uploads/2015/04/Water-spigot.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /></a>A cascade of new water regulations has brought the drought home to millions of residents across California, cutting into their indoor and outdoor use and, often, prompting an outcry. But the impact of the regulations, handed down at different levels of government, has become significantly uneven, sowing the seeds of further controversy as the cutbacks continue with no end in sight.</p>
<h3>Transforming landscaping</h3>
<p>Following on Gov. Jerry Brown&#8217;s executive order mandating swift and sustained reductions in water usage, California regulators brought yet another type of consumption to heel. &#8220;The state Building Standards Commission voted to change development rules to reduce the demand for water,&#8221; the Associated Press <a href="http://abcnews.go.com/US/wireStory/california-panel-mandates-low-water-lawns-buildings-31404901" target="_blank" rel="noopener">observed</a>. &#8220;Developers can meet the rules by planting shrubs and bushes instead of grass or installing slow-trickling valves instead of traditional sprinklers.&#8221;</p>
<p>Regulators expected the decision to bring significant savings &#8212; about 20 percent less across all California lawns. &#8220;Outdoor irrigation,&#8221; noted the AP, &#8220;accounts for roughly half of residential water use.&#8221; By the middle of June, residences, workplaces, schools and hospitals will all be subjected to the new strictures.</p>
<h3>Riparian regulations</h3>
<p>The curbs on thirsty lawns followed fast on sharp new demands imposed on historic farms by the State Water Resources Control Board. In an unprecedented move, a group of farmers recently offered to reduce their consumption by 25 percent relative to 2013 levels. Now, regulators have accepted the plan.</p>
<p>&#8220;The action applies only to so-called riparian rights holders, landowners whose property has direct access to a river or stream,&#8221; <a href="http://www.latimes.com/local/lanow/la-me-ln-water-rights-20150522-story.html" target="_blank" rel="noopener">reported</a> the Los Angeles Times. &#8220;By volunteering the cuts, Delta farmers avoid the risk of being hit with even larger cutbacks mandated by state water regulators.&#8221; According to the Times, the move brought one especially precious form of relief, taking away &#8220;the threat of lengthy and divisive litigation in a time of crisis.&#8221;</p>
<p>But not all farmers have accepted the new status quo. Some, <a href="http://www.contracostatimes.com/breaking-news/ci_28208029/california-drought-farmers-senior-water-rights-under-siege" target="_blank" rel="noopener">reported</a> the Contra Costa Times, hired attorneys &#8220;to assert that the state is defying statutes that honor their seniority. The water board&#8217;s order exceeds the scope of the state&#8217;s authority, the lawyers contend.&#8221; Farmers complained that they were pushed to offer a deal in order to avoid Draconian, potentially devastating penalties. And the state&#8217;s order that rights claimants show proof of property ownership has touched off an angry scramble for documentation.</p>
<p>&#8220;To defend their place in line, senior rights holders have rushed their ancient documents to analysts in the Division of Water Rights in Sacramento,&#8221; according to the Contra Costa Times. &#8220;Who, where and what rights will be curtailed in coming weeks remains to be determined, water officials say. Cutoffs will be based on flows in the watershed &#8212; and how long rights have been held.&#8221;</p>
<h3>Local outrage</h3>
<p>Meanwhile, in areas where cutbacks have already been adopted, some water agencies have moved ahead with even sharper penalties for current levels of use. San Jose Water, a private company supplying much of Silicon Valley with drinking water, followed the lead of nearby Santa Cruz and mandated steep new reductions in residential water consumption. As the San Jose Mercury News <a href="http://www.mercurynews.com/drought/ci_28211894/california-drought-hundreds-turn-out-oppose-san-jose" target="_blank" rel="noopener">reported</a>, &#8220;the company announced it would give all single-family residences &#8212; defined as any home that has its own water meter &#8212; monthly water allocations requiring a 30 percent reduction from 2013 levels. Apartments and most businesses won&#8217;t receive them.&#8221;</p>
<p>One detail in particular provoked a public outcry: &#8220;The 30 percent cut isn&#8217;t based on each home&#8217;s individual use. Instead, it&#8217;s calculated on the month-by-month average of all residential users in San Jose Water&#8217;s service area.&#8221; Company officials endured an hours-long hearing that drew some 350 dismayed locals, but remained &#8212; like officials across the state &#8212; largely unmoved. &#8220;It&#8217;s not like the spigot is going to go dry,&#8221; said Palle Jensen, senior vice president for regulatory affairs, according to the Mercury News. &#8220;You can still use water. But you will have to decide how.&#8221;</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">80494</post-id>	</item>
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		<title>CA water cuts hit farmers</title>
		<link>https://calwatchdog.com/2015/05/23/ca-water-cuts-hit-farmers/</link>
					<comments>https://calwatchdog.com/2015/05/23/ca-water-cuts-hit-farmers/#comments</comments>
		
		<dc:creator><![CDATA[James Poulos]]></dc:creator>
		<pubDate>Sat, 23 May 2015 12:00:33 +0000</pubDate>
				<category><![CDATA[Breaking News]]></category>
		<category><![CDATA[Water/Drought]]></category>
		<category><![CDATA[agriculture]]></category>
		<category><![CDATA[farmers]]></category>
		<category><![CDATA[Gov. Jerry Brown]]></category>
		<category><![CDATA[groundwater]]></category>
		<category><![CDATA[riparian rights]]></category>
		<guid isPermaLink="false">http://calwatchdog.com/?p=80249</guid>

					<description><![CDATA[As state policymakers turned their eye on reforming groundwater rules, California&#8217;s farmers sought a new deal on water rights, voluntarily proposing to slash their own consumption. An unprecedented offer The latest]]></description>
										<content:encoded><![CDATA[<p><a href="http://calwatchdog.com/wp-content/uploads/2015/04/Farm.jpg"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-78905" src="http://calwatchdog.com/wp-content/uploads/2015/04/Farm-210x220.jpg" alt="Farm" width="210" height="220" srcset="https://calwatchdog.com/wp-content/uploads/2015/04/Farm-210x220.jpg 210w, https://calwatchdog.com/wp-content/uploads/2015/04/Farm.jpg 600w" sizes="(max-width: 210px) 100vw, 210px" /></a>As state policymakers turned their eye on reforming groundwater rules, California&#8217;s farmers sought a new deal on water rights, voluntarily proposing to slash their own consumption.</p>
<h3>An unprecedented offer</h3>
<p>The latest cascade of cuts underscored fears that current rationing rules just weren&#8217;t enough to put residents on a viable path to resource security. &#8220;This week, a group of farmers who enjoyed a so-called riparian right to as much water as they needed from the San Joaquin River sought to strike a bargain with state officials,&#8221; the Washington Post <a href="http://www.washingtonpost.com/national/health-science/california-utilities-face-a-tough-test-to-tame-an-unquenchable-thirst-for-water/2015/05/21/bb091a80-f335-11e4-bcc4-e8141e5eb0c9_story.html" target="_blank" rel="noopener">reported</a>. &#8220;They would voluntarily cut the amount they use by 25 percent in exchange for keeping the remaining 75 percent for irrigation, even as the drought continues.&#8221;</p>
<p>That put the ball in the hands of the head of the State Water Resources Control Board, who has final say over whether the deal goes through.</p>
<p>Pre-existing conservation efforts were surpassed recently by municipal decreases mandated by Gov. Jerry Brown. But Brown had opted against extending similarly harsh measures to California&#8217;s big agricultural operations, responsible for producing the overwhelming national and worldwide majority of key crops like pistachios, avocados and other popular produce. That led to calls of favoritism &#8212; not just toward farming corporations, but toward the venerable water rights that Golden State farms have held tight to for generations.</p>
<h3>A new &#8216;water war&#8217;</h3>
<p>The combination of political pressure and drought conditions appeared to have an effect on regulators. As the Associated Press <a href="http://hosted.ap.org/dynamic/stories/U/US_CALIFORNIA_DROUGHT_WATER_CUTS?SITE=AP&amp;SECTION=HOME&amp;TEMPLATE=DEFAULT" target="_blank" rel="noopener">reported</a>, a second group of riparian rights-holders has found itself in the conservation crosshairs:</p>
<blockquote><p>&#8220;State officials said Wednesday that they would start mandatory cuts this week to the state&#8217;s oldest rights holders, who are historically spared from water restrictions.</p>
<p class="ap-story-p">&#8220;Regulators said the first orders Friday will affect those holding century-old water rights in the watershed of the San Joaquin River, which runs from the Sierra Nevada mountains to San Francisco Bay and is one of the main water sources for farms and communities.&#8221;</p>
</blockquote>
<p class="ap-story-p">The farmers volunteering their cuts, with land stretched along the waterways of the Bay&#8217;s Delta region, likely saw the move as an indication that time was running out to negotiate an agreement of their own.</p>
<p class="ap-story-p">But the farmers facing mandated cuts, handed down by the Water Resources Control Board, announced their intention to fight the decision. Although chairwoman Felicia Marcus lamented she had to &#8220;make terrible choices in the most fair and equitable way possible,&#8221; Slate <a href="http://www.slate.com/blogs/the_slatest/2015/05/21/california_drought_water_restrictions_are_coming_for_farmers_with_century.html" target="_blank" rel="noopener">observed</a>, the farmers &#8220;have already vowed to challenge the decision in court, saying any restriction of senior rights amounts to a &#8216;water war.'&#8221;</p>
<p class="ap-story-p">&#8220;More cuts could still be on the way, too,&#8221; added Slate. &#8220;The Water Resources Control Board says that essentially all water rights statewide are up for review this year, regardless of seniority&#8221; &#8212; and that climate change, as Marcus claimed recently, makes such sweeping changes inevitable anyway.</p>
<h3 class="ap-story-p">When the wells run dry</h3>
<p class="ap-story-p">Howls of protest have also accompanied the latest crackdown on groundwater, which includes residential users. Under the reforms recently enacted by Gov. Brown, individuals needn&#8217;t document their use of groundwater. But, as CNBC <a href="http://www.nbcnews.com/storyline/california-drought/well-water-metering-not-my-land-say-california-landowners-n358296" target="_blank" rel="noopener">reported</a>, &#8220;the regional guidelines mean communities at least collectively have to account for how much groundwater they&#8217;re extracting. And that likely means more well metering on the horizon.&#8221;</p>
<p class="ap-story-p">At the same time, a separate controversy has swirled around just how distressed California&#8217;s well water really is. <a href="http://www.latimes.com/local/california/la-me-drought-watch-wells-20150517-story.html" target="_blank" rel="noopener">According</a> to the Los Angeles Times, &#8220;The Department of Water Resources estimates that there are between 1 million and 2 million wells — either in use or idle — scattered throughout the state. On average, between 10,000 and 15,000 wells are added each year. Some are dug by hand, others are drilled to significant depths.&#8221; By that measure, the 1,900 wells that have gone dry amount to less than 1 percent of the total.</p>
<p class="ap-story-p">But the story has grown more complicated. As the Times noted, &#8220;the data show decreases of more than 10 feet in more than 15 percent of measured wells and some severe decreases of more than 25 feet in some central California wells. And state officials say several groundwater basins in the Central Coast and Southern California also show &#8216;significant to severe&#8217; levels of decline.&#8221; Given the dramatic expansion of new conservation rules over the past several months, further action on groundwater would only fit the pattern.</p>
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