Politics
New California water measures aim to increase fines for violators, protect wetlands
Under California law, anyone caught diverting water in violation of a state order has long been subject to only minimal fines. State legislators have now decided to crack down on violators under a newly approved bill that sharply increases penalties.
Assembly Bill 460 was passed by the Legislature last week and is among the water-related measures awaiting Gov. Gavin Newsom’s signature. Other bills that were approved aim to protect the state’s wetlands and add new safeguards for the water supplies of rural communities.
Supporters say increasing fines for violations will help the State Water Resources Control Board more effectively enforce its orders to curtail water use when necessary.
“It helps the water board enforce the laws that they have on the books,” said Analise Rivero, associate director of policy for the group California Trout, which co-sponsored the bill.
The bill, which was introduced by Assemblymember Rebecca Bauer-Kahan (D-Orinda), is intended to prevent the sort of violations that occurred in 2022 in the Shasta River watershed, when farmers and ranchers who belong to the Shasta River Water Assn. defied a curtailment order for eight days and diverted more than half the river’s flow, flouting requirements aimed at protecting salmon.
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The state water board fined the association the maximum amount for the violation: $4,000, which worked out to about $50 for each of its members. Those small fines didn’t deter farmers and ranchers from reducing the river’s flow to a point that threatened salmon and affected the supplies of downstream water users.
The case in Siskiyou County led to widespread calls for larger fines and stronger enforcement powers.
The legislation increases fines for violations of state water curtailment to as much as $10,000 per day, plus $2,500 for each acre-foot of water diverted. (An acre-foot is 325,851 gallons, or enough to cover one acre a foot deep.)
“This bill closes that loophole and makes the existing law stronger, and it’s an important step in disincentivizing water theft,” Rivero said.
Rivero said being able to impose larger fines is important as California grapples with the effects of climate change on water supplies.
Leaders of a coalition of environmental groups urged Newsom to sign the bill. In a letter, they said enforcing harsher penalties for violators is crucial for the state water board to “fulfill its mission of protecting fish, water, and people.”
Bauer-Kahan said that for too long, breaking the law and paying the fines have been seen as the cost of doing business by some illegal water diverters.
“Although we did not go far enough in ensuring that our water rights system functions in times of scarcity, we did take an important step,” Bauer-Kahan said.
The legislation raises penalties to “better hold those who steal water accountable,” she said. “Water is a precious resource, and we must do everything possible to ensure its protection.”
Proponents of the bill made some sacrifices to secure sufficient support in the Legislature, dropping a provision that would have given the state water board authority to act faster in emergencies to prevent “irreparable injury” to streams, fish or other water users.
The result was a relatively modest reform, but one that serves an important purpose, said Cody Phillips, staff attorney for the group California Coastkeeper Alliance.
“Being able to get the California Legislature to agree to increase fines in water is a major deal for the practical consequences of preventing water theft, but also to show that we can change these important details about our water rights system, and the sky doesn’t fall,” Phillips said.
Other proposals have recently encountered strong opposition from agricultural groups and water agencies.
Phillips and other environmental advocates supported another bill, AB 1337, which sought to clarify the state water board’s authority to issue curtailment orders for all diverters, including senior rights holders that use a large portion of the state’s water. But that bill didn’t secure enough support to pass this year in the Senate Natural Resources and Water Committee.
“Water is often referred to as the third rail in California politics, and we’ve seen that any changes, even modest changes, like 460 and frankly 1337, are met with ferocious pushback,” Phillips said. “But we can’t avoid these issues — climate change, overallocation, they’ve all led to a system where the way that we deal with water just doesn’t work.”
Some legal experts said the bill is a step in the right direction.
“We know that water is the single most important resource in the state, and yet we do not have a clear understanding of who uses it, where, and when, and we do not have a robust system for correcting unlawful use,” said Jennifer Harder, a professor at University of the Pacific’s McGeorge School of Law.
Harder said the state needs to continue improving collection of water use data and should adopt measures to improve oversight of water rights. She said she is optimistic that “local water suppliers will come to understand that state-level standards can support and enhance local management.”
One of the other water-related measures passed by the Legislature included a bill intended to protect California’s wetlands after the rollback of federal protections under a Supreme Court decision last year. The court’s ruling in Sackett vs. EPA rewrote the federal definition of wetlands and removed federal protections for many streams that do not flow year-round, leaving ephemeral streams vulnerable to development and pollution.
If signed by Newsom, the bill, AB 2875, will codify an executive order that then-Gov. Pete Wilson issued in 1993 establishing a state policy of “no net loss” of wetlands and calling for a long-term increase in the acreage of wetlands. Despite that policy, the state has continued to lose more wetland acres to development during the last three decades.
“We have wetlands that only flow certain times of year, and they are seasonal, ephemeral streams that were stripped of protections, and yet they are really, really important biologically and for habitat,” said Assemblymember Laura Friedman (D-Glendale), who introduced the legislation.
Wetlands and a riparian forest are sustained by groundwater at the National Audubon Society’s Kern River Preserve.
(Robert Gauthier / Los Angeles Times)
Friedman and other supporters of the measure have stressed that because more than 90% of California’s original wetlands have already been drained and destroyed, strong protections for those that remain are vital. They say since the Supreme Court has scaled back the Clean Water Act’s federal protections for wetlands, the state will need to play a bigger role.
“We care about our state’s natural resources here in California, and it’s a shame that we right now have a Supreme Court that doesn’t seem to be very concerned about the kind of destruction that we’re seeing to our environment,” Friedman said. “It falls on states to really play whack-a-mole and catch up, because we have relied for a long time on existing, long-standing federal regulations.”
Scientists have documented major declines in North American bird populations since the 1970s, and they cite causes including the loss of habitats and warmer, drier conditions driven by climate change, among other factors.
The bill was sponsored by leaders of Audubon California, who called the measure an important step toward protecting wetland habitats that birds need to survive.
The bill doesn’t create a new regulatory framework but does make “a strong statement that California will protect and add wetlands,” said Mike Lynes, Audubon California’s director of public policy. “We’ve already lost so much of our natural wetland habitat. We’ve seen a decline in biodiversity, and there’s a ton of benefits by creating wetlands, not only for ecosystems, but also for flood control and for recreational opportunities, whether it’s birding, hunting, just hiking out in wetland areas.”
Another bill that was approved, AB 828, is aimed at improving safeguards for managed wetlands that are sustained by groundwater pumping, as well as rural communities that depend on wells. The bill, introduced by Assemblymember Damon Connolly (D-San Rafael), would allow these managed wetlands and small communities to temporarily continue to pump amounts of water in line with historical averages without facing mandatory reductions or fees imposed by local agencies under the state’s groundwater law.
Supporters said they proposed the change after several local agencies proposed groundwater allocations that would excessively limit supplies for communities or wildlife areas while also limiting pumping by agricultural landowners who are the largest water users.
“It sets a pause on pumping restrictions for small community water systems and managed wetlands, and on some fees, until those issues and their needs are considered,” Lynes said.
Some communities in the Central Valley have faced unworkable requirements to cut water use dramatically and start paying high fees for exceeding those limits, said Jennifer Clary, state director for the group Clean Water Action.
“We wanted a long-term exemption, but there was a lot of concern in the Legislature about that,” Clary said.
Politics
House Republicans push Johnson to go to war with Senate over SAVE Act
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Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.
House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.
After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.
Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”
Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)
At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.
The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.
JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP
Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.
Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)
The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.
It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.
Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.
HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT
“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”
Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.
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But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.
Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.
Politics
Trump justifies Iran attack as Congress and others raise objections
According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.
“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.
According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.
“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.
That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.
The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.
The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.
Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.
“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.
In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.
Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.
Other Republican leaders largely backed the president.
“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.
“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.
While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.
Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.
“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”
Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.
House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.
“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.
After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.
Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.
Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”
Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.
“If you are Israel or the United States, that’s imminent,” he said.
What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.
How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.
If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.
Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”
On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.
Politics
Video: Trump’s War of Choice With Iran
new video loaded: Trump’s War of Choice With Iran
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