Some fear drought cuts could erase water rights
SACRAMENTO — A proposal to make California’s drought-era water restrictions permanent could allow the state to chip away at long-held water rights in an unprecedented power grab, representatives from water districts and other users told regulators Tuesday.
Members of the state Water Resources Control Board delayed a decision about whether to bring back what had been temporary water bans from California’s drought, spanning 2013 to 2017. It comes after U.S. officials declared that nearly half the state, all of it in the south, is back in drought, just months after emerging from it.
Officials from several irrigation and water agencies said the restrictions are reasonable, but not the plan to impose them under the state Constitution’s prohibition on the “waste or unreasonable use” of water. That would create a slippery slope of allowing the board to repeatedly chip away at California’s historic protection of water rights for landowners, they said.
“Erratic individuals can occupy great positions of power in government, and you had better believe they will occupy your chair someday,” said Jackson Minasian, an attorney for Stanford Vina Ranch Irrigation Co. “Their view of what is ‘waste and unreasonable use’ will be radically different than yours.”
The restrictions, punishable by a $500 fine, include prohibitions on watering lawns so much that the water flows into the street, using a hose to wash down sidewalks or using a hose without an automatic shut-off nozzle to wash cars. A final decision is now expected by April 17.
Hotels would have to ask guests if they really need their towels and sheets washed each day. Running an ornamental fountain without a recirculating system would be barred, as would watering outside within 48 hours of a good rain. Another measure would give cities and counties until 2025 to stop watering ordinary street medians.
Restaurants would be allowed to serve water only on request if the governor declares a drought emergency.
Water officials expect neighbors to be responsible
for detecting most of the wasteful water use, and they have no plans to add more enforcement officers if the permanent restrictions are adopted. Generally, first-time offenders would get warnings, while repeat offenders risk fines.
California already has a website that allows people to report wasteful water use.
Many of the measures, like the one on hotel towels, are already widely followed and common sense, said Max Gomberg, a state waterconservation official.
“Nothing’s more wasteful than when the rain is falling from the sky and the sprinkler’s on,” he said.