I’ve spent years writing about California water policy and my thoughts on water rights can be summarized simply: the current system is inequitable and must be modernized if the state has any hope of staving off the worst impacts of the climate crisis. It is only a matter of time before we are in another major drought and our water supply becomes even more scarce.
Like many other water policy, climate adaptation and environmental justice experts, I am encouraged by two common-sense bills being considered by the California Legislature that would make modest but important improvements to this system. The bills are currently making their way through the committee process and it is vital they pass. The Coachella Valley’s water future depends on it.
AB 1337 (Wicks) gives the State Water Resources Control Board – the agency charged with protecting water use during droughts and times of scarcity – the ability to oversee the amount of water used by all water rights holders when there is a shortage.
If that sounds like something the Water Board can already do, you’re only partially correct. Current rules prevent the board from asking senior water right holders to do their fair share to limit use during dry periods.
Lest you think there is a good reason senior water rights holders are immune to such restrictions, remember that many of these rights game down to who put a stick in the ground first or who hired the best lawyers more than a century ago.
Why does this matter? Because during the severe droughts that we will doubtless experience more of in the future, outdated, 19th-century policies hinder the water board’s ability to prioritize water use. Passing AB 1337 levels the playing field to protect water for all of us.
Equally important is AB 460 (Bauer-Kahn), which safeguards farmers, ranchers, tribes, disadvantaged communities, wildlife and other water users from the bad actors who try to take advantage of the state’s water rights enforcement process.
This legislation gives the Water Board more effective tools to immediately stop water theft and prevent irreversible harm to other water users and the environment. It would also increase the penalties associated with water theft.
AB 460 bill does not add restrictions or update the water rights system in any way. It simply allows the existing system to actually be enforced.
The residents of Palm Springs and surrounding communities understand the very real threat of water scarcity. If you’re scratching your head wondering, “How are these bills not already law, these changes are so obvious?” I encourage you to contact your legislators and ask them the same question.
Without statewide policies like AB 1337 and AB 460 that allow California to manage its water rights responsibly and fairly, our communities’ water security is at risk.
Both bills are expected to be taken up for a vote by the Senate Natural Resources and Water committee in June. The politics of these proposals are complicated with opposition from some of the most powerful, monied interests in the state who are beneficiaries of the status quo.
Conversely, the content of these bills is quite simple: the regulator that regulates water use should be allowed to regulate all water use. Sometimes, it is best to not overthink it.
Amanda Fencl is a Western States Senior Climate Scientist at the Union of Concerned Scientists. They write about the risks and opportunities from climate change in California and the Western United States. They can be reached at AFencl@ucsusa.org .
This article originally appeared on Palm Springs Desert Sun: California’s water rights system still needs fixing
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