U.S.

Court Limits California’s Power to Punish Farmers in Drought

By THE ASSOCIATED PRESS
SACRAMENTO — A judge ruled Friday that California regulators violated some farmers’ rights by telling them to stop diverting from rivers and streams, but the state said it can still punish those who illegally take water during the drought.
The temporary restraining order by Judge Shelleyanne Chang of Sacramento Superior Court blocked the state from punishing farmers who ignored a state notice issued earlier this year to stop diverting water. The ruling applies to dozens of farmers in the Central Valley and the irrigation districts serving them.
The two sides had divergent views of what the ruling meant, with lawyers for the farmers suggesting it threw all the state’s cutbacks into question, while the state said it only meant it needed to tweak its notices.
Residents, farmers and businesses across California have endured water restrictions because of the state’s four-year dry spell. Thousands have received so-called curtailment notices in the last year, but only about a third responded to confirm they stopped taking water. The judge ruled Friday that the water board’s notices improperly told districts and landowners with water rights to stop taking water without holding a hearing first.
The ruling bars the state from fining people who do not fill out paperwork responding to notices, but says they can still be investigated for illegal water diversions. Penalties are as high as $1,000 a day and $2,500 per acre-foot of water taken illegally.
“The court has reminded the state board that water rights are a form of property rights, and they have to use a lot more care when they are trying to regulate them,” said Jennifer Spaletta, a lawyer for the Central Delta Water Agency, which represented dozens of farmers.
The State Water Resources Control Board says the ruling may require it to tweak its notice letters, but still allows it to punish those who illegally take water.
“The judge only took umbrage with some of the language,” said David Rose, a lawyer with the water board.
Mr. Rose says the board will hold hearings before it issues any penalties.
A version of this article appears in print on July 11, 2015, on page A11 of the New York edition with the headline: Court Limits California’s Power to Punish Farmers in Drought. Order Reprints| Today's Paper|Subscribe