A monumental reckoning over California’s shrinking water supply is coming

Whereas it’s not but formal coverage, those that handle California’s huge water system are edging towards a historic reallocation of the state’s shrinking provide that would have a life-altering influence on its largest-in-the-nation agricultural business.

For a few years, farmers have used about 80% of the water diverted from rivers for human use, with the remaining going to city areas for consuming, watering lawns, sustaining swimming swimming pools, taking showers, cooking and business or industrial use.

Extended drought has compelled all customers to make do with much less. Nonetheless, the largest loser has been the setting — free flows to take care of habitat for fish and different aquatic species — which typically will get about 50% of the overall circulate.

In recent times, federal judges have ordered cuts in agricultural water diversions to implement the Endangered Species Act, and the state Water Assets Management Board has moved in the identical course on an emergency foundation as a result of drought. Nonetheless, environmental teams need everlasting habitat-enhancing reductions.

Former Gov. Jerry Brown and his successor, Gavin Newsom, have sought “voluntary agreements” by which agricultural water companies would curtail diversions to take care of river flows, however outcomes have been scanty at finest.

With out such agreements, the water board may implement obligatory reductions, however they might be considered by farmers as an assault on their historic water rights and doubtless set off large authorized battles.

The important thing precept in these conflicts is that water belongs to the general public as a complete and should be put to “useful use,” as outlined in a 1943 modification to the state structure, which declares that authorities should forestall “waste or unreasonable use or unreasonable methodology of use of water.”

Environmentalists consider the structure thus authorizes the state water board to curtail agricultural diversions for the safety of habitat, however the 1943 modification additionally declares, “Within the enactment of this code the Legislature doesn’t intend thereby to impact any change within the legislation referring to water rights.”

That apparent authorized dichotomy is the crux of the scenario.

Whether or not, certainly, the state water board is gearing up for a showdown over water rights, a few of which stretch again to the nineteenth century, is the topic of a lot hypothesis in water circles.

Early this yr, water board Chairman Joaquin Esquivel instructed a gathering of water officers: “We all know we now have to alter the system. Water rights will be there as a instrument to have the ability to handle provides by means of not only a drought however when there may be water once more. Our water rights system will be there to facilitate selections on tasks and assist us make selections, or they could be a hindrance.”

Whereas the water rights problem percolates in Northern California, there’s an analogous battle underway in Southern California over how a lot water the state diverts from a severely threatened Colorado River.

California is legally entitled to 4.4 million acre-feet per yr, with the overwhelming majority of that going to the Imperial Irrigation District and different agricultural customers, however the Colorado River’s circulate has dropped dramatically.

The federal authorities calls for that California and different states that draw from the river, principally Nevada and Arizona, cut back diversions by 2 million to 4 million acre-feet per yr, and threatens to mandate cuts beneath the “useful use” doctrine if they can’t agree.

California has provided a 400,000 acre-foot discount, solely 9%, however that’s not sufficient to fulfill the opposite states and the result may be very a lot unsure.

Farmers’ water rights are clearly not as sacrosanct as they as soon as gave the impression to be, and as drought persists, the stage is being set for a monumental reckoning of some sort.

CalMatters is a public curiosity journalism enterprise dedicated to explaining how California’s state Capitol works and why it issues. For extra tales by Dan Walters, go to Commentary.