SACRAMENTO—Legislation giving the state control over groundwater use in California could lead to uncertainties for farm operations as well as litigation, growers and farm groups say.
New state controls and monitoring requirements outlined in a package of bills sent to Gov. Jerry Brown over the weekend could make farmers think twice about putting in an orchard or investing in a new well, said Gridley, Calif., grower Ryan Schohr, who sits on Butte County’s water commission.
“We’re going to be faced with the uncertainty of, will the state come in and change the way we operate, or will a local entity change the way we operate?” said Schohr, who grows rice, walnuts and hay and raises cattle. “That’s the difficulty our family and families like ours are going to be struggling with going forward.”
Companion bills by Assemblyman Roger Dickinson, D-Sacramento, and Sen. Fran Pavley, D-Agoura Hills, would give the State Water Resources Control Board broad oversight over groundwater use and empower local agencies to regulate extraction from aquifers through "groundwater sustainability plans", according to an Assembly bill analysis. The local agencies would charge fees to implement the new rules.
Under current law, the state water board can regulate the waste and unreasonable use of water,including groundwater, but management mostly consists of voluntary local plans that exist in some watersheds but not others.
The leader of California’s largest farm organization is criticizing the Legislature for taking a “ready, fire, aim” approach by fast-tracking what he considers a massive new regulatory program late in the legislative session.
The bills would create requirements that will lead to confusion and litigation, asserts Paul Wenger, president of the California Farm Bureau Federation.
“The bills would allow for groundwater to be monopolized to the detriment of urban water users and farmers — including people who have not created an overdraft problem but who could need access to groundwater in the future,” Wenger said in a statement.
The Legislature passed the bills Aug. 29 — two days before its deadline to get bills to the governor.
Brown’s office did not immediately respond to the Capital Press’ inquiry as to whether he intends to sign the bills. However, Brown in January called for improved groundwater management as part of his California Water Action Plan.
Among the many farms that rely on well water is Lindauer River Ranch in Red Bluff, Calif. Owner Ken Lindauer isn’t too worried the state will curtail his water use because the aquifers in the northern Sacramento Valley are fairly healthy, he said.
But he understands that growers in other areas could be impacted, he said.
“I don’t think I’m particularly pleased about it,” he said of the legislation.
The measures come as environmentalists have long maintained that California is the only state in the country not to regulate use of groundwater, which accounts for 30 percent of total water usage and 43 percent of residents’ drinking water, according to state water officials.
Farm groups including the CFBF, the California Cattlemen’s Association and California Citrus Mutual have said they, too, want better groundwater management but are worried about the bills’ broad scope and specific impacts. The bills’ advancement was slated to be a key topic at the Butte County Farm Bureau’s meeting Sept. 4, executive director Colleen Cecil said.
“They’re very much concerned,” she said of area growers. “We’re really concerned in Butte County with regard to how it’s going to impact the groundwater management that we already have.”
In Butte County, Schohr expects his water commission will be tasked with implementing the new controls locally. Currently the county monitors the water table and sends out alerts when the table is low, but it has no authority to stop landowners from pumping. However, Schohr doesn’t relish the idea of having that authority, he said.
“That’s the political side of this equation that farmers are very afraid of,” he said. “You’ll have these government bureaucrats that may have the authority to stop people from pumping water that’s needed for crops and livestock. That’s going to be the challenge in the future.”
Source: www.capitalpress.com