[JURIST] California drought regulators on Tuesday proposed [press release] a first-of-its-kind $1.5 million fine against an irrigation district that allegedly took water illegally. The State Water Resources Control Board [official website], a subset of the California Environmental Protection Agency [official website], proposed the draft Administrative Civil Liability Complaint [notice, PDF] against the Byron-Bethany Irrigation District [official website] for continuing to divert water for nearly two weeks after a June 12 notice [press release] that banned water diversion due to an insufficient supply. The Byron-Bethany Irrigation District has 20 days after receiving the complaint to request a hearing. If no hearing is requested, the Stat Water Board plans to impose the fine. This is the first drought-related enforcement complaint served this year on a senior water rights holder, meaning those dating from 1903 to 1914.
California’s water restriction has been an issue for several years while the state faces one of its most severe droughts on record. On April 1, California Governor Jerry Brown [official website] issued Executive Order B-29-15 [text, PDF], which mandates water-use restrictions throughout the state and which will remain in effect through February 28, 2017. JURIST Guest Columnist Griffen Thorne, Student at Loyola University Chicago School of Law, argued that the legal framework these restrictions establish could produce lasting effects [JURIST op-ed] in the state by incentivizing water reductions and innovation. The order also incentivizes investment in energy-efficient technology, in a step towards ensuring that future generations of Californians will have better access to water. In May the State Water Board approved new rules [JURIST report] limiting how water may be used during the state’s drought.