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California’s state government is still scrambling to solve California’s most critical problem: water.  Recently, a new water package was introduced into the state senate.  Several environmental groups authored a letter to two of the senators, thanking them for their support of the package and clearly stating their positions on a variety of issues.  They hint that without these positions included in the water bill they will throw their support against it.  Here are some of those positions and how they are affecting California’s water emergency.

The first position is in regard to “[t]he groundwater monitoring program, which is a very modest approach, particularly when compared to groundwater regulation throughout other western states such as Idaho and Texas.”  Texas groundwater law is jokingly referred to as “law of the biggest pump”.  Basically all groundwater is considered property of the owner and allowed to be pumped out however he chooses, for sale or his personal use, without regard to neighboring wells.  However there are some limitations set to help landowners conserve water, including groundwater.  California uses as much as forty percent groundwater during years of extreme drought like the ones they are facing now, so it only makes sense to monitor groundwater to ensure it is not being depleted by increased use.

Next is “[s]ubstantially increased enforcement capacity at the State Board to address the pernicious problem of illegal diversions and permit violations, including the ability of the Board to address particularly egregious problems expeditiously and effectively without having to rely entirely on the courts.”  In order to gain the support of more moderate politicians, the penalties for water thieves will have to be toned down quite a bit as there are only a handful of politicians who currently support harsh penalties.  Water stealing is big business in California; over seventy-three million dollars worth of water has been stolen just this past year.

Since the Sacramento-San Joaquin Delta estuary provides water to around two-thirds of California’s citizens, its environmental health is a major concern.  The letter recommended, “[p]rovisions to require the State Board to develop public trust flow determinations which are the foundation of any meaningful effort to restore and sustain the Delta estuary and our salmon fisheries…[and] a Delta Stewardship Council with balanced membership between gubernatorial and legislative appointees with staggered terms.”  The basic idea behind the Delta Stewardship Council is a planning agency that has enough authority to enforce regulations and penalties for water violations.  It will be able to order a water project, even one of the state projects, to “cease and desist” if it feels their actions are harming the Delta.

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