California urgently needs effective water management. In the summer of 2022, a group of ranchers on the Shasta River – a key Klamath tributary for salmon and Tribes – drained nearly all of the river’s water for eight straight days in direct defiance of a drought curtailment order. Their total fine? Less than $50 per rancher.
This is not a one-time issue; it is happening as we write. When faced with shortage-based curtailment orders, big-ag sees these measly fines as simply a cost of doing business. The existing fines fail to make farmers think twice before stealing the water desperately needed by the environment and downstream users.
As demonstrated on the Shasta River, the State Water Board’s current authority to impose fines is simply too limited to effectively deter bad actors, a dangerous failure in the face of climate-induced severe drought.
On August 30, the Legislature passed AB 460 (Bauer-Kahan), which increases fines for illegally violating water diversion curtailment orders. Under AB 460, these fines would finally reach the level needed to deter violations, protecting downstream users and the environment. This bill targets only those who breach existing laws. To prepare for the worst impacts of climate change, California needs the ability to enforce our water management laws and deter violations that hurt all users on the system.
However, to protect vulnerable species and downstream users from future curtailment violations, we need your help to urge Governor Newsom’s signature on this crucial legislation!
Please share this email alert and talking points with others in your area who will take action to support effective water management.
TAKE ACTION
Contact the Governor by visiting the Governor’s webpage at https://www.gov.ca.gov/ or email the governor directly and be sure to include the subject line below.
Once you are on the Governor’s webpage, click on the contact tab. You will see a best method option. For the subject select “an active bill” A second option will open to indicate the bill – type “AB 460” and our bill should come up. Then select “leave a comment” and click “next.” Select “pro” add “AB 460” to the subject line and then copy and paste the message below into the message field. Feel free to add to or rewrite the message if you would like. At then end the contact form will ask for your name and email, your phone number is optional.
Below is a sample message you can use. You can also write your own message; just be sure to keep it short and positive and thank the Governor for his consideration.
Subject Line: Active Bill – AB 460 – Pro
Dear Governor Newsom,
I respectfully urge your signature on AB 460, which would protect Tribes, communities, fisheries, and other users by allowing the State Water Resources Control Board to deter illegal diversions through needed fine increases. By increasing fines for water rights violations, AB 460 will help prevent illegal water diversions and protect vulnerable species and downstream water rights holders while ensuring due process for all involved.
I respectfully urge your signature on AB 460.
Thank you,
[Your Name]
Issue Background
In 2020, the Planning and Conservation League (PCL) convened a group of water law and policy experts to develop recommendations for Updating California Water Laws to Address Drought and Climate Change. The report contains 11 recommendations, including increasing the fines for water theft contained in AB 460, to modernize California’s water rights law. Read the full report – Updating California Water Laws to Address Drought and Climate Change.
News story on the Scott-Shasta Water Thefts