Water Rights

Water Rights during the California Water Crisis

Wesley Rodriguez

California is currently experiencing the worst recorded drought in the history of the state.

In our current drought crisis, we are seeing the signs of tough choices ahead for millions of

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Californians. In order to overcome these drought challenges, the state will have to successfully

work alongside water rights holders to find equitable solutions. Indeed, the state of this particular

drought is proving to be a tough issue for all parties involved.

On June 12, 2015, Governor Jerry Brown ordered a statewide mandate for major cutbacks

on water usage due to the continuing drought and depleting water supply. Subsequently, the State

Water Resources Control Board (SWRCB) issued a curtailment notice to senior water rights

holders. (Boxell 2015) In the notice, the SWRCB stated there was insufficient water available to

meet the needs for all pre-1914 appropriate claims in the Sacramento and surrounding regions.

(Caleda 2012) In addition to complying with the state’s mandates, these water rights holders were

required to document receipt of their notice and complete a certification form. The curtailments

were enforced in two ways. First, if the holders did not complete the form, they would be subjected

to legal proceedings. Second, if they did not stop diverting water, the violators would be fined

$2,500 per acre foot. (Kaiser and Sabalow 2015) As a result, these senior water rights holders are

pursuing litigation against the SWRCB. An official summary by the Water Board states, “A total

of 9,329 water rights have been curtailed to date in 2015.”

With vast water resources - how is California not prepared for an imminent drought crisis?

In order to better understand the depth of this water crisis, we have to look back at the management

of water rights allocation as well as the track record of the State Water Resources Control Board.

Furthermore, one has to ask, has the Water Board...