California proposes historic $1.5 million fine for taking water

The district holds what is known as a “pre-1914” water right. The district estimates losing $65 million in crops because of the state’s cutback orders.

“We will vigorously defend our rights”, said Rick Gilmore, general manager of the district, to the San Jose Mercury News last month.

In 2015, as in 2014, the State Water Board informed more than 5,000 water right holders that there is not enough water to meet their needs and has committed staff resources to conduct field inspections once again. “The State Board is choosing to make an arbitrary example out of BBID at the expense of our customers and the communities their hard work supports”, said Russell Kagehiro, president of the district’s board. Unexpected rainfall in Southern California over the weekend hasn’t affected enforcement.

State officials anticipate cracking down on more districts and individuals this summer.

Byron-Bethany has 20 days to request a hearing before the water board to contest the fine, although it’s unclear how long it could take to resolve the case. The maximum penalty the five-member board could assess in the case is $5 million, depending on how the water was used.

Both West Side and Byron-Bethany are among those suing the water board, challenging its authority to curtail their water rights.

California has been struggling with a severe drought for at least two years, causing the board to send out warnings telling water rights holders not to withdraw their normal amounts of water.

They have strong incentives to fight any state-ordered curtailments because they will likely see similar cuts in future dry years if they yield in this drought, said Jeffrey Michael, an economist at the University of the Pacific in Stockton.

The Water Rights Protection Act (H.R. 1830), incorporated in its entirety under title 11 of the Western Water and Food Security Act, would uphold state water law and priority-based systems and provide water users with a line of defense from increasing federal attempts to take or restrict access to private water rights without compensation.

Board officials said they could not confirm if San Francisco was under investigation over the matter.

A Byron-Bethany Irrigation District spokeswoman said Monday that the district had no advanced notice of the proposed fine and was working on a response.