MORNING. WE'RE GOING TO BEGIN.
THE INFORMATION OF CARING FOR
WATER PERSON WAS. SHE GETS OKAY.
WE'RE GOOD. I'M GOING TO START
BY SHARING LOGISTICAL
INFORMATION TO ENSURE THE PUBLIC
ACCESS TO THE DISCUSSION. FIRST
THE HEARING IS STRANGE LIVE ON
THE ASSEMBLY'S WEBSITE FOR
ANYONE WHO WANTS TO TUNE IN.
AFTER THE FINAL PANEL, THE
COMMITTEE WILL TAKE PUBLIC
COMMENT EITHER INCREASING HERE
AND 4 44. COME JOIN US OR
VIETNAM. IF YOU WANT TO PROVIDE
PUBLIC COMMENT VIA PHONE CALLING
NUMBER FOR THE HEARING IS EIGHT.
OH, IT WASN'T TIME. DO YOU WANT
TO START OVER JUST SO GOOD. I
KNOW EVERYBODY THOUGHT I WAS ON
WE'LL START OVER GOOD MORNING
AGAIN. WE'RE BEGINNING THE
INFORMATIONAL HEARING FOR WATER
PARKS AND WILDLIFE COMMITTEE. UH
I'LL SHARE LOGISTICAL
INFORMATION TO ENSURE PUBLIC'S
ACCESS TO OUR DISCUSSION. FIRST,
THE HEARING IS BEING STREAMED
LIVE ON THE ASSEMBLY'S WEBSITE.
AH SECOND AFTER THE FINAL PANEL
, THE COMMITTEE WILL TAKE PUBLIC
COMMENT EITHER HERE IN PERSON IN
ROOM 4 44 IN THE STATE CAPITAL
OR VIA THE PHONE. IF YOU WANT TO
PROVIDE PUBLIC COMMENT VIA PHONE
, THE CALL IN NUMBER FOR THIS
HEARING IS 877692. AND THE PIN
IS 131544. PLEASE CALL IN WHEN
YOU'VE HEARD THE LAST WITNESS ON
OUR AGENDA, THE OPERATOR ON THE
LINE WILL GIVE YOU INSTRUCTIONS
AND HOW TO BE PLACED IN THE
QUEUE. IF YOU'RE CALLING IN,
PLEASE ELIMINATE ALL BACKGROUND
NOISE, WHICH MEANS MUTING THE
LIVESTREAM BROADCAST ON YOUR
DEVICES TO REJOICE REDUCED SOUND
ISSUES. NOW LET'S TURN TO THE
MERITS OF THE HEARING. SO I'LL
BEGIN WITH OPENING REMARKS AND
THEN TURN IT TO THE VICE CHAIR
IF HE HASN'T AND ANYONE ELSE
WOULD LIKE TO DISCUSS. SO I WANT
TO THANK ALL MY COLLEAGUES WHO
ARE HERE THIS MORNING BRIGHTON
EARLY ON THIS RAINY DAY, UM, AND
OUR WITNESSES FOR TAKING THE
TIME TO DISCUSS HOW CLIMATE
CHANGE IS IMPACTING OUR WATER
RIGHTS SYSTEM HERE IN
CALIFORNIA. THE WEATHER PATTERNS
OF THE LAST TWO DECADES IN
CALIFORNIA HAVE BEEN ANYTHING
BUT NORMAL. WE'RE TECHNICALLY
STILL IN THE SECOND WORST
DROUGHT ON RECORD AT THE STARTED
JUST A FEW YEARS FOLLOWING WHAT
PREVIOUSLY HAD BEEN THE SECOND
WORST DROUGHT ON RECORD FROM
2012 TO 2016. I KNOW IT'S HARD
FOR MANY TO BELIEVE IS IT'S
POURING OUTSIDE THERE WERE STILL
IN DROUGHT CONDITIONS. AND
RECENT RESEARCH INDICATES THE
CALIFORNIA AND THE ENTIRE
SOUTHWEST HAS ACTUALLY BEEN IN A
MEGA DROUGHT SINCE THE TURN OF
THE CENTURY. ALSO SINCE THE TURN
OF THE CENTURY, WE'VE SEEN AN
INCREASE IN TEMPERATURES OF
NEARLY THREE F AND EXPERIENCED
ARE SIX HOTTEST YEARS ON RECORD
SINCE 2014 THIS BEGS THE
QUESTION OF WHETHER OUR WATER
RIGHTS SYSTEM WHICH STILL
ADHERES TO THE FUNDAMENTAL
PRINCIPLES PUT INTO PLACE IN THE
19TH CENTURY IS A SYSTEM THAT
CAN PERFORM IN OUR CLIMATE
CHANGE PRESENT AND OUR FUTURE. I
REALIZE SOME WILL SAY THAT JUST
BECAUSE SOMETHING OLD IT ISN'T
BROKEN. UM AND I AGREE. THERE
ARE TIMES WHEN WHAT WE SET UP
ORIGINALLY STILL WORKS. BUT IT'S
NOT JUST THE CALIFORNIA'S BASIC
WATER RIGHTS SYSTEM HAS NOT
FUNDAMENTALLY CHANGED AND MORE
THAN A CENTURY. IT IS ALSO THE
FACT THAT WE'RE INCREASINGLY
SEEING SIGNS THAT IT'S NOT
FUNCTIONING WELL AND EQUITABLY
HERE IN CALIFORNIA. EMERGENCY
CURTAILMENTS. TEMPORARY URGENCY,
CHANGE PETITIONS AND AN
INABILITY TO HALT ILLEGAL
DIVERSIONS, LONG DELAYS FOR NEW
WATER RIGHTS PERMITS AND AN
INABILITY TO TAKE ADVANTAGE OF
EXCESS FLOWS DURING ATMOSPHERIC
RIVERS AND OTHER EXAMPLES POINT
TO THE NEED FOR CHANGE AND
MODERNIZATION. I KNOW, AS I'VE
BEEN TOLD, THIS IS NOT AN EASY
CONVERSATION, BUT I THINK IT'S
LONG OVERDUE. I LOOK FORWARD TO
HEARING DIFFERENT PERSPECTIVES
AND HOW WE CAN WORK TOGETHER TO
MODERNIZE OUR WATER RIGHTS
SYSTEMS. IT IS NECESSARY FOR
CALIFORNIA'S DIVERSE COMMUNITIES
. OUR ECONOMY, INCLUDING AND
ESPECIALLY OUR AGRICULTURAL
ECONOMY. AND NATURAL RESOURCES
THAT WE GET THIS RIGHT? WITH
THAT I WILL TURN TO MY
COLLEAGUES WHO LIKE TO MAKE
ADDITIONAL INTRODUCTORY REMARKS,
VICE CHAIR THANK YOU, MADAM
SHARE. UM. WE KNOW WE'RE FACING
CHALLENGES. AS WE LOOK AT OUR
WEATHER PATTERNS AS WE LOOK AT A
21ST CENTURY AS WE LOOK AT WHAT
WE ARE ABLE TO DO, ESPECIALLY
WITH THE TECHNOLOGIES THAT WE
HAVE UM, I KNOW A LOT OF US ARE
WONDERING HOW WE CAN BETTER
MANAGE. THE WATER THAT WE'RE
GETTING. BECAUSE WE CAN'T
CONTROL WHEN WE GET IT. BUT WE
CAN CONTROL WHAT WE DO. GET WHAT
WE DO WHEN WE GET IT. SO I'M
LOOKING FORWARD TO HEARING FROM
THE PANELISTS. FROM LOOKING AT
NEW WAYS WE CAN MANAGE. TO DO
THINGS IN A SMARTER WAY. WE KNOW
WE MUST CAPTURE WATER. WHEN WE
HAVE IT. WE MUST CONVEY IT. WE
MUST RECHARGE. BUT AT THE SAME
TIME, WE ALSO NEED TO GIVE A
CHANCE FOR OTHER REGULATIONS
LIKE SIGMA AND OTHER THINGS THAT
ARE STILL RELATIVELY NEW. UM AND
MAKE SURE THAT WE'RE NOT SETTING
UP OBSTACLES. FOR THESE NEW
THINGS AS THEY COME ONLINE THAT
WE'RE PROVIDING INCENTIVES FOR
PEOPLE TO BE GOOD ACTORS. AND
THAT WE'RE ALSO RESPECTING UM
HISTORICAL, LAND AND WATER
RIGHTS AS WELL. UM AND NOT FULLY
SHAKING UP THE APPLE CART
BECAUSE WE HAVE A LOT OF PEOPLE
THAT DEPEND ON WATER DELIVERIES
AND WATER INFRASTRUCTURE. ONE OF
THE KEY THINGS THAT ALWAYS
CONCERNS ME WHEN IT COMES TO
WATER. IS THE FACT THAT WHEN YOU
LOOK AT THE R O I WE HAVE A LOT
OF PEOPLE THAT ARE PAYING 100%
OF THEIR WATER BILL EXPECTING AN
ALLOCATION AND OFTEN GET 0%
RETURN. AND WATER IS THE ONLY
BUSINESS WHERE YOU PAY FULL
PRICE. AND CAN GET ABSOLUTELY
NOTHING. SO WE NEED TO LOOK AT
HOW THOSE ALLOCATIONS WORK AND
LOOK AT THAT AS WELL AS WE MOVE
FORWARD. THANK YOU. THANK YOU.
ANY OTHER MEMBERS WANT TO MAKE
COMMENTS YOU WANT TO GET? OH,
YES, I REMEMBER BENNETT. JUST
VERY BRIEFLY. NUMBER ONE. I WANT
TO COMPLIMENT YOU AND THE
AUTHORS OF THIS REPORT. IT WAS A
GREAT PREPARATION FOR THIS
HEARING AND THE FOUR ITEMS THAT
WERE IDENTIFIED IN TERMS OF
MAJOR CONCEPTS. STREAMLINING OF
OVERSIGHT. IMPROVING ACCURACY
AND TRANSPARENCY OF INFORMATION
ADDRESSING ENVIRONMENTAL WATER
NEEDS AND INCREASING FLEXIBILITY
ARE JUST SPOT ON. WE NEED ALL
FOUR OF THOSE THINGS THAT THANK
YOU SAID NONE OF THEM ARE EASY
IN THIS FIELD, BUT, UM, ALMOST
EVERYTHING SEEMS IMPOSSIBLE AND
ALMOST EVERYTHING SEEMS
IMPOSSIBLE UNTIL IT'S NOT. AND
WE'RE GOING TO FIND THAT THAT
UNTIL IT'S NOT COME COME TRUE IN
CALIFORNIA, AND SOONER OR LATER
AS THE CRISIS KEEPS GETTING
WORSE, AND IT'S BETTER TO FOR US
TO BE AS PROACTIVE AS WE CAN. SO
THANK YOU VERY MUCH. I
APPRECIATE THIS. THANK YOU.
ASSEMBLYMEMBER'S UM AND I WANT
TO READ IT. YOU THANKS TO STAFF
WHO DID AN INCREDIBLE JOB ON THE
REPORT AND PREPARING FOR TODAY'S
HEARING. SO WE'LL MOVE TO OUR
FIRST PANEL. UM I THINK THEY'RE
BOTH APPEARING FEEL LIVESTREAM.
WE'RE GONNA HAVE HELP. ELLEN
HANAK, VICE PRESIDENT, DIRECTOR
OF WATER POLICY AND SENIOR
FELLOW AT THE PUBLIC POLICY
INSTITUTE OF CALIFORNIA, AND
BRIAN GRAY, SENIOR FELLOW OF
PUBLIC POLICIES OF THE PUBLIC
POLICY INSTITUTE OF CALIFORNIA,
AND THEY'LL BE DISCUSSING THE
21ST CENTURY CLIMATE AND OUR
19TH CENTURY SYSTEM FOR WATER
RATES. THANK YOU SO MUCH FOR THE
INVITATION. CAN YOU HEAR ME?
OKAY YES. OKAY SO LET HIM CHAIR
. UM MR MR VICE CHAIR AND
COMMITTEE MEMBERS, REALLY AN
HONOR TO BE INVITED TO SPEAK
WITH YOU TODAY. UM I'LL JUST SAY
BRIAN AND I ARE HERE AND WE, BUT
WE PREPARED THIS TESTIMONY
TOGETHER WITH A THIRD COLLEAGUE
JEFF MOUNT. AND WHAT WE'RE GONNA
TALK TO YOU A LITTLE BIT ABOUT
TODAY IS JUST SOME OF THIS
CONTEXT OF HOW THE CHANGING
CLIMATE IS. IS MAKING, UH,
ADDING TO THE CHALLENGES OF
STRESSING THE WATER RIGHTS
SYSTEM THAT WE HAVE IN
CALIFORNIA, THEN A LITTLE BIT OF
ILLUSTRATION OF WHAT WE'VE BEEN
SEEING IN THE BIG DELTA
WATERSHED. THE SACRAMENTO SAN
JOAQUIN RIVER WATERSHED, WHICH
IS THE SOURCE OF WATER FOR MOST
CALIFORNIANS. AND THEN THEN
WE'LL TALK ABOUT SOME WHAT WE
THINK ARE KIND OF MODEST AND
PRAGMATIC RECOMMENDATIONS FOR
WAYS TO IMPROVE MANAGEMENT, BOTH
IN IN DRY TIMES AND IN TIMES OF
ABUNDANCE, WHICH ARE BOTH THINGS
THAT YOUR YOUR COMMENTS
REFERENCED IN THE IN THE
BEGINNING HERE AND THE
COMMITTEE'S NOTE REFERENCED. SO
NEXT SLIDE, PLEASE. SO FIRST
JUST LOOKING AT HOW THE CHANGING
CLIMATE IS. EXPOSING WEAKNESSES
IN OUR WATER RIGHTS SYSTEM WITH
RESPECT TO MANAGING DRY TIMES
ARE MANAGING SCARCITY, WHICH I
THINK IS PROBABLY WHAT MOST OF
THE MOST OF HIS HEARING IS GOING
TO FOCUS ON. IT'S IMPORTANT TO
JUST, YOU KNOW, STARTING POINT,
AS AS THE COMMITTEE'S NOTE
POINTED OUT. CALIFORNIA HAS A
VERY VOLATILE CLIMATE, ACTUALLY
THE MOST VOLATILE CLIMATE IN THE
IN THE COUNTRY IN TERMS OF YEAR
TO YEAR VARIATIONS IN
PRECIPITATION, SO WE'RE USED TO
DROUGHT. WE'RE USED TO WET
PERIOD. UM BUT THE PROJECTIONS
ARE THAT WE'RE GOING TO HAVE
INCREASED VOLATILITY. UM, AND
PROJECTIONS ALSO OF WARMING. AND
OF REDUCED SNOWPACK, AND WE JUST
RUN OFF AND OF SHORTER, SPIKY,
ER, WET SEASONS SO BASICALLY
DRIER, DRIES AND WET OR WET, AND
WE ARE ALREADY NOW SEEING THE
DRYER DRY PART. UM SO THAT'S
ABOUT MANAGING SCARCITY. YOU
KNOW, THE LAST TWO DROUGHTS WERE
WERE DROUGHTS OF RECORD. THEY
WERE. THAT WAS IN PART BECAUSE
THEY WERE SUCH WARM DROUGHTS.
THE WARMING IS MAKING DROUGHTS
MORE INTENSE. AND IT'S DOING
THAT, BOTH BY. WE DO THINK THE
AVAILABILITY OF SNOW, UM BUT BUT
ALSO BY CONTRIBUTING TO
ATMOSPHERIC THIRST, WHICH IS
BASICALLY, YOU KNOW, SORT OF
EVAPORATIVE DEMAND OF THE
ATMOSPHERE. WHERE UM, WHICH IS
MAKING SOILS DRYER, WHICH IS
SHRINKING SNOWPACK, WHICH IS
MAKING PLANTS THIRSTIER, AND ALL
OF THAT IS BASICALLY JUST
MEANING FOR ANY GIVEN AMOUNT OF
PRECIPITATION. WE'RE GETTING
LESS OF IT. WE'RE ALSO SEEING
MORE RAPID SHIFTS IN IN
CONDITIONS SO THINGS CAN GET BAD
VERY QUICKLY, UM AND IN TERMS OF
DROUGHT, DROUGHT CONDITIONS ALL
OF THIS MEANS AND WE'LL GET INTO
THIS A LITTLE BIT MORE LATER
THAT IT REQUIRES MORE NIMBLE
ABILITY TO ENFORCE AND CURTAIL
WATER RIGHTS WATER RIGHTS SYSTEM
IS DESIGNED ESPECIALLY FOR
MANAGING, UM, SHORTAGES AND
HAVING THAT DONE IN ORDERLY WAY
AND WE'RE JUST EXPERIENCING MORE
FUTURE SHORTAGES NOW, SO WE NEED
MORE NIMBLE ABILITY TO DO THIS.
NEXT SLIDE, PLEASE. SO NOW OVER
TO THE MANAGING ABUNDANCE, WHICH
YOU KNOW, WE'RE STARTING TO SEE
, UM, AGAIN IN IN IN FULL FORCE
RIGHT NOW, UM THIS IS THE SORT
OF WET OR WET QUESTION AND THE
MODELS ARE PROJECTING WHETHER
AND SORT OF SPIKY ER WET. UM
IT'S WE HAVE SEEN DEFINITELY
SOME RECORD STORMS AND SOME
RECORD CONDITIONS IN RECENT
YEARS. IT'S TOO EARLY TO SAY
THAT WE'RE ALREADY IN THAT PHASE
OF EXPERIENCE IN TERMS OF
WHETHER THE RECORD HAS REALLY
SHIFTED TOWARD TOWARDS WHETHER
WET, BUT, UM IT IS CLEAR THAT WE
NEED TO BE DOING A BETTER JOB
CAPTURING MORE FLOWS FROM BIG
STORMS, IN PART JUST BECAUSE OUR
INCREASED DROUGHT INTENSITY AND
JUST THE DRIVES ARE GETTING
DRIER, SO WE NEED TO BE ABLE TO
TAKE ADVANTAGE OF THOSE WET WHEN
WE HAVE THEM AND A SECOND PIECE
OF THIS IS AND I NEED A NEW PART
OF THE UH, OF THE LANDSCAPE,
WHICH THE VICE CHAIR MENTIONED
IS THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT. WHICH MEANS THAT
THERE ARE MANY, MANY
AGRICULTURAL AREAS IN PARTICULAR
THAT HAVE DEFICITS NOW AND
CAPTURING MORE FLOWS FROM WET
PERIODS, IS ONE OF THE ONE OF
THE KEY ADAPTATION STRATEGIES
FOR MANAGING THAT AND GETTING
GROUNDWATER BASINS INTO BALANCE.
ALL OF THIS HAS IMPLICATIONS FOR
THE WATER RIGHTS SYSTEM TO IN
TERMS OF MORE NIMBLE PERMITTING
OF HIGH FLOW DIVERSIONS WHEN WE
HAVE THESE BIG STORMS WE'LL TALK
A LITTLE BIT MORE ABOUT THAT IN
A MINUTE TO OKAY, SO NEXT SLIDE,
PLEASE. SO NOW I WANT TO JUST
GIVE YOU A COUPLE ILLUSTRATIONS
FROM THE DELTA WATERSHED. AND
THIS IS DRAWING FROM A STUDY
THAT WE ISSUED LAST YEAR THAT
WAS LED BY GREG GARTRELL. WHERE
WE LOOKED AT ABOUT 30. NO 40
YEARS OF DATA FROM THE FROM THIS
WATERSHED, SO THE WHOLE
SACRAMENTO IN SAN JOAQUIN RIVER
BASIN AND THE DELTA TO LOOK AT
BASICALLY WHAT WHAT WATER WAS
COMING IN WHERE WATER WAS GOING
AND UM, ONE OF THE KEY THINGS
HERE AND IN THIS WATERSHED,
WHICH IS THE SOURCE OF WATER FOR
30 MILLION PEOPLE, SIX MILLION
ACRES OF FARMLAND, AND IT'S ALSO
HOME TO A REALLY IMPORTANT AND
THREATENED ECOSYSTEM. THERE'S A
LOT OF DEMAND ON THIS WATER. UM
IT'S A VERY VARIABLE SYSTEM.
LITTLE LIKE CALIFORNIA OVERALL,
SO THIS JUST SHOWS YOU IN A KIND
OF CARTOON SKETCH A COUPLE OF
RECENT YEARS, 2017, WHICH WAS
THE WETTEST ON RECORD IN
NORTHERN CALIFORNIA, AND 2021,
WHICH WAS AN EXTREME DRY YEAR.
UM AND SO I WANNA GO TO THE NEXT
SLIDE NOW AND TALK FIRST ABOUT
THIS DRY YEAR. SO THESE BARS
HERE ARE ARE SHOWING YOU JUST
FIRST EXPLAIN, SO YOU CAN READ
THEM QUICKLY FOR 2017, AND FOR
2021 THAT TOP LINE WATER
SOURCES. THAT'S HOW MUCH WATER
WAS AVAILABLE IN THE WATERSHED.
WATER EXCUSE ME. WHAT ARE USES
IS WHERE THE WATER WENT IN TERMS
OF UPSTREAM USE USE WITHIN THE
DELTA AND EXPORTS AND THEN DELTA
OUTFLOW IS THE AMOUNT OF WATER
THAT WENT OUT UNDER THE GOLDEN
GATE BRIDGE INTO INTO THE OCEAN
, AND THAT INCLUDES WATER FOR
MAINTAINING THE LINEARITY.
THAT'S WHAT WE CALL SYSTEM
OUTFLOW TO KEEP THE WATER FRESH
ENOUGH FOR PEOPLE TO USE IT.
ECOSYSTEM OUTFLOW, WHICH IS
ADDITIONAL WATER FOR MANAGING
ECOSYSTEMS. AND THEN THAT ORANGE
PIECE IS CAPTURED OUT, SO THAT'S
BASICALLY WATER ABOVE AND
BEYOND. WHAT'S REQUIRED FOR
REGULATORY PURPOSES. SO LET'S
LOOK AT 2021 1ST WHERE YOU CAN
SEE THERE IS THAT YOU KNOW IT
WAS A DRY YEAR, NOT A WHOLE LOT
OF WATER SOURCES. THAT'S VERY
SHORT LITTLE BAR THERE. UM THE
DARK BLUE IS WATER RELEASED FROM
RESERVOIRS. THE LIGHT BLUE IS
THE WATER THAT ACTUALLY WAS RUN
OFF THAT FELL INTO THE INTO THE
WATERSHED. AND WE SAY THAT THIS
WAS A YEAR THAT BROKE THE WATER
SUPPLY SYSTEM OF THE OF THE
DELTA, THE CENTRAL VALLEY
BECAUSE 100% OF THAT RUNOFF. WAS
USED UPSTREAM OR WITHIN THE
DELTA. SO ALL OF THE. WATER THAT
WAS USED FOR DELTA OUTFLOW FOR
MAINTAINING SALINITY AT A LOW
ENOUGH LEVEL FOR YOUTH FOR
ECOSYSTEMS, VERY SMALL BITS AND
THEN A SMIDGEN OF CAPTURED OUT,
SO ALL OF THAT HAD TO COME FROM
RESERVOIR RELEASES AS WELL AS
ALL OF THE AMOUNT FOR WATER OF
WATER EXPORTED. SO CLEARLY
SOMETHING IS OFF. WHEN THAT MUCH
BASICALLY NO WATER KIND OF GOT
PASSED THE DELTA THAT FELL INTO
THE SYSTEM FROM RUNOFF. AND I'LL
GET INTO THE IMPLICATIONS OF
THAT IN A LITTLE BIT. IN TERMS
OF OUR RECOMMENDATIONS, SO LET'S
GO NOW TO THE NEXT SLIDE. AND
HERE WE'RE GONNA FOCUS ON 2017
THAT VERY WET YEAR AND WHAT WE
FOUND IN THIS ANALYSIS. ALSO WE
LOOKED AT THE THREE MOST RECENT
WET YEARS WHERE REGULATIONS ARE
HAVE BEEN PRETTY CURRENT. SO
SINCE THE LATE TWO THOUSANDS, UM
2011, 2017 AND 2019 IN ALL THREE
OF THESE YEARS, THERE WAS A LOT
OF THAT ORANGE BAR THAT CAPTURED
OUTFLOW, MEANING A LOT OF WATER
WAS GOING OUT OF THE DELTA AT
TIMES. BECAUSE THERE WAS JUST IT
WAS ABOVE AND BEYOND THE
REGULATORY NEEDS AND IT WAS
ABOVE AND BEYOND THE CAPACITY TO
CAPTURE IT. WE LOOKED AT THIS
SPECIFICALLY FOR EXPORTS AND
FOUND THAT EVEN UNDER EXISTING
WATER RIGHTS AND UNDER EXISTING
REGULATIONS, THERE'S CAPACITY IN
THESE KINDS OF YEARS TO CAPTURE
MORE WATER. IF THERE'S THE
PHYSICAL PLACE TO PUT IT SOUTH
OF THE DELTA, THERE'S ROOM.
THERE WAS ROOM AT THE PUMPS.
THERE WAS ROOM IN THE AQUEDUCTS,
AND THERE JUST WASN'T THE
ABILITY TO CAPTURE ALL OF IT SO
THAT THAT COULD HAVE IN THE IN
THESE DIFFERENT WET YEARS THAN
ANYWHERE FROM 400 TO 800,000
EXTRA ACRE FEET OF WATER, BUT
THERE'S ALSO CLEARLY ADDITIONAL
WATER FROM HIGH STORM HIGH FLOW
STORMS THAT COULD BE CAPTURED
UPSTREAM AND RECHARGE INTO
GROUNDWATER BASINS. AND THIS IS
THE SAME KIND OF DISCUSSION THAT
WE'VE BEEN HAVING THIS YEAR WITH
FOLKS NOW, ESPECIALLY WITH SIGMA
, THE GROUNDWATER ACT. THEY'RE
REALLY LOOKING PEOPLE ARE REALLY
VERY MOBILIZED TO TRY TO DO
ADDITIONAL CAPTURE OF WATER FROM
LARGE STORMS, AND WE'RE
IMPROVING ON THAT. BUT WE'RE NOT
NOT QUITE THERE YET. SO LET'S GO
TO THE NEXT SLIDE. SO WE WANT TO
ACKNOWLEDGE THAT YOU KNOW, THERE
HAS BEEN SOME IMPORTANT RECENT
PROGRESS ON ADAPTING THE WATER
RIGHTS ADMINISTRATION, TOO. TO
CHANGING CONDITIONS. UM WE THINK
MORE WORK IS NEEDED, BUT YOU
KNOW, IT'S IMPORTANT TO KNOW
THAT THINGS HAVE BEEN THINGS
HAVE BEEN MOVING AND SOME OF
THIS HAS BEEN REALLY THANKS TO
SUPPORT FROM THE LEGISLATURE. SO
IN 2014 IN THE MIDST OF THAT
THAT RECORD DROUGHT BACK IN THE
IN THE LAST DECADE, UM THE WATER
CODE SECTION 10 58.5 WAS
AMENDED. TO EXPLICITLY FOR THE
FIRST TIME EXPLICITLY AUTHORIZED
THE STATE WATER BOARD TO ISSUE
UM, EMERGENCY REGULATIONS FOR
CURTAILMENT, AND SO THAT'S
REALLY IMPORTANT AND IT'S BEEN
IT'S BEEN IMPORTANT FOR THE
BOARD'S AUTHORITY TO DO THAT. IN
IN IN THESE LATEST DROUGHT THAT
WE'VE HAD, UM IT DOES HAVE SOME
LIMITATIONS THAT WE WANT TO FLAG
. ONE OF THEM IS THAT, UM, IT
CAN ONLY THE BOARD CAN ONLY STEP
IN IN THIS WAY IF THERE'S BEEN
AN EMERGENCY DROUGHT DECLARATION
BY THE GOVERNOR OR IF WE ARE IN
A CRITICALLY DRY YEAR THAT'S
PRECEDED BY AT LEAST TWO DRY OR
BELOW NORMAL OR CRITICALLY DRY
YEARS. SO IN OTHER WORDS, IT
CAN'T BE UNTIL AT LEAST THE
THIRD YEAR OF DRY TIMES. AND
THEN THERE HAVE ALSO BEEN
CHANGES IN MEASURING MEASUREMENT
AND REPORTING REQUIREMENTS THAT
THE LEGISLATURE, UM ENACTED IN
2015. UNDER SB 88. THAT'S BEEN
IMPORTANT, ALTHOUGH COMPLIANCE
HERE HAS BEEN A CHALLENGE ON THE
ABUNDANCE, SIDE MANAGING
ABUNDANCE. THE STATE WATER BOARD
IS CREATED NEW, STREAMLINED
PERMANENT GUIDELINES FOR HIGH
FLOWS, IN PART, WITH SOME
SUPPORT FROM FROM, UM,
LEGISLATIVE GUIDANCE ON SOME
THINGS, BUT THERE ARE STILL SOME
UNCERTAINTIES ABOUT THIS, SO WE
HAVE SOME RECOMMENDATIONS TO
ALSO TIGHTEN THIS UP. NEXT
SLIDE, PLEASE. AND I'M GONNA RUN
THROUGH. WE'VE GOT A SET OF
RECOMMENDATIONS BOTH FOR
SCARCITY. AND FOR BONUS. I'M
GONNA RUN THROUGH THEM QUICKLY
AND THEN PASS THE WORD OVER TO
BRIAN, WHO'S THE LEGAL MIND IN
OUR TEAM, AND HE'S GOING TO GIVE
YOU A LITTLE BIT MORE THOUGHT ON
THIS. SO FIRST RECOMMENDATIONS
FOR BETTER MANAGING SCARCITY. UM
THE FIRST IS THAT WE RECOMMEND
THAT THE LEGISLATURE EXPRESSLY
AUTHORIZED THE STATE WATER BOARD
TO ENFORCE AND IF NECESSARY,
CURTAIL ALL WATER RIGHTS,
INCLUDING RIPARIAN AND PRE 1914
APPROPRIATORS AND THE NOTE FROM
THE COMMITTEE STAFF SUMMARIZED
THAT NICELY IN TERMS OF THE
DIFFERENT AUTHORITIES THAT THE
BOARD HAS AND THE BOARD HAS
UNDER COURT. UM RULINGS BEEN
FOUND UNDER SECTION 2 10 58.5 TO
HAVE THE AUTHORITY TO CURTAIL
RIPARIAN PRE 1914 APPROPRIATORS
, BUT WE THINK IT WOULD BE GOOD
TO CLARIFY THIS IN IN THE WATER
CODE AS WELL. SAME THING FOR
GROUNDWATER RIGHTS THAT
SIGNIFICANTLY AFFECT SURFACE
WATERS. THE SECOND
RECOMMENDATION IS TO ENABLE THE
BOARD TO RESPOND MORE QUICKLY TO
CHANGING CONDITIONS. AND THIS
ONE IS A SIMPLE, UM, KIND OF
ADDITIONAL TWEAKS TO SECTION 10
58.5, WHICH IS TO REMOVE THOSE
TWO TRIGGERS THAT I JUST
MENTIONED SO THAT THE BOARD
COULD IN HIS JUDGMENT STEP IN AS
THINGS EVOLVED QUICKLY AND JUST
TO HIGHLIGHT HOW IMPORTANT THIS
IS. THAT YEAR, 2021 THAT I
SHOWED YOU WHERE WHICH WE SAY
KIND OF BROKE THE DELTAS, THE
CENTRAL VALLEY'S WATER SYSTEM
AND THAT ALL OF THE WATER ALL OF
THE RUNOFF WAS USED UPSTREAM OR
WITHIN THE DELTA. UM, THAT'S A
YEAR THAT IT WAS ONLY THE SECOND
DRY YEAR. 2019 WAS A VERY WET
YEAR SO THAT THAT YEAR WOULD NOT
HAVE QUALIFIED AS DRY AND INNATE
WITH ENABLING THE BOARD TO STEP
IN WITH THAT TRIGGER, EXCEPT
THAT THE GOVERNOR DID STEP IN
WITH EMERGENCY AND AN EMERGENCY
DECLARATION. SO THE THIRD NOW IS
CREATING INCENTIVES TO IMPROVE
MEASUREMENT AND REPORTING AND
THIS IS KIND OF BUILDING ON SB
88 FROM 2015, WHICH REQUIRES
MEASUREMENT AND REPORTING IT ITS
COMPLIANCE IS OKAY BUT NOT GREAT
AND THE FREQUENCY OF REPORTING
THAT'S REQUIRED. IT'S NOT GREAT.
IT'S ANNUAL REPORTS OF MONTHLY.
THE DIVERSIONS AND YOUTH WERE
SUGGESTING THAT THE BOARD SHOULD
HAVE MORE FLEXIBILITY TO REQUIRE
MORE FREQUENT REPORTING IN SOME
SITUATIONS, ESPECIALLY IN
DROUGHT. MUCH MORE FREQUENT
REPORTING IS NEEDED AND EVEN
POTENTIALLY, IN SOME CASES REAL
TIME. MEASUREMENT UM THE SECOND
PIECE OF THIS IS A SUGGESTION TO
HAVE A COMPLIMENTARY APPROACH OF
BASICALLY INSTEAD OF IZING,
DIVERT EAR'S TO PROVIDE THE KIND
OF INFORMATION THAT'S REALLY
NEEDED TO DO A MORE
COMPREHENSIVE JOB ON THIS
PROVING BASICALLY REQUIRING
DIVERSIONS TO PROVE BOTH THE
EXISTENCE OF A VALID WATER RIGHT
AND THE LAWFUL EXERCISE OF THAT,
RIGHT. UNDER CURRENT CONDITIONS
, AND THAT'S ESPECIALLY TALKING
ABOUT RIGHT PERRY INS AND PRE
1914 APPROPRIATORS. AND THEN THE
FOURTH RECOMMENDATION HERE. THIS
REALLY GOES BEYOND THE WATER
RIGHTS ADMINISTRATION ISSUES
THAT WE'RE TALKING ABOUT HERE,
BUT WE THOUGHT IT WAS IMPORTANT
TO MENTION FOR YOU IN OUR DELTA
STUDY. WHAT WE FOUND IS THAT WE
ARE NOW AT A POINT WHERE SOME
LONGSTANDING, UM SENIOR
CONTRACTS THAT BOTH THE CENTRAL
VALLEY PROJECT AND THE STATE
WATER PROJECT HAVE WITH FOLKS.
THEY ESTABLISHED THESE FOR SOME
FOLKS WHO HAVE PREEXISTING
SENIOR WATER RIGHTS. IN THE IN
THE PROJECT AREAS. UM AND THOSE
CONTRACTS HAVE VERY SORT OF, UM
, TIGHT REQUIREMENTS AND WHAT
NEEDS TO BE DELIVERED AND THE
THOSE LIMITS ARE AT THIS POINT,
UM, TOO HIGH RELATIVE TO THE
KIND OF CONDITIONS THAT ARE THAT
WE'RE STARTING TO EXPERIENCE IN
THIS WATERSHED AND DRY TIMES. SO
IN 2021, IT'S QUITE LIKELY THAT
THE THAT MEETING THE OBLIGATIONS
OF THOSE CONTRACTS EXCEEDED WHAT
WHAT THOSE FOLKS WOULD HAVE
GOTTEN UNDER THEIR PRE EXISTING
WATER RIGHTS. UM JUST GIVEN HOW
HOW TIGHT THINGS WERE IN 2022
CONDITIONS ON THE SHASTA SIDE OF
THE SACRAMENTO VALLEY WERE SO
DIRE THAT, UM FOLKS ACTUALLY
WENT INTO NEGOTIATION. THE CBP
SETTLEMENT CONTRACTORS
NEGOTIATED AT ONE TIME, EXTREME
CUTBACK IN THE DELIVERIES THAT
THEY GOT UNDER THEIR CONTRACT
BECAUSE THERE JUST WASN'T THE
WATER AVAILABLE. WE'RE
SUGGESTING IT'S GOING TO BE
WHO'VE ALL PARTIES TO JUST
REVISIT THESE CONTRACTS AND
RENEGOTIATE RECOGNIZING THE
SENIORITY OF THOSE UNDERLYING
RIGHT. BUT BUT STILL PUTTING
MORE ORDER INTO THE SYSTEM SO
THAT WE DON'T NEED TO HAVE AT
HOC NEGOTIATIONS. YEAH WHEN
THINGS GET DIRE. NEXT SLIDE,
PLEASE. AND NOW ON THE ON THE
ABUNDANCE SIDE. A FEW
RECOMMENDATIONS HERE. UM THE
FIRST IS RECOMMENDATION TO
EXPLICITLY EMPOWERED THE BOARD
TO ADMINISTER A SPECIAL
PERMITTING SYSTEM FOR HIGH WATER
FLOWS. SO BASICALLY THE BOARD
HAS BEEN DOING THIS. UM WE THINK
IT DOES HAVE AUTHORITY, BUT IT
WOULD BE USEFUL FOR THE FOR THIS
TO BE EXPLICITLY STATED BY THE
LEGISLATURE. THE SECOND IS
DEVELOPING WATER SPECIFIC HIGH
FLOW DIVERSION THRESHOLDS RIGHT
NOW, THE WORLD HAS SET A DEFAULT
AT DAILY FLOWS AT THE 90TH
PERCENTILE, SOME OTHER
CONDITIONS ALONG THOSE LINES.
WATERSHED THAT'S A GOOD STARTING
POINT, BUT WATERSHED BY
WATERSHED. SOMETIMES THAT COULD
BE TOO HIGH. SOMETIMES THAT
MIGHT BE, UM, TOO LOW. AND SO WE
SUGGEST THAT THE BOARD WORKING
TOGETHER WITH DWR, WHICH IS
DOING A LOT OF DEEP WORK ON ON
THESE ISSUES, TOGETHER WITH
STAKEHOLDERS IN THE WATERSHEDS
COULD DETERMINE THRESHOLDS BY
WATERSHED. THIRD IS. CONFIRMING
THAT RECHARGE WITH HIGH CLOSES A
BENEFICIAL USE. THIS IS BEEN
REALLY CONTENTIOUS ISSUE AND ONE
WHERE I THINK A LOT OF A LOT OF
FOLKS DON'T RECOGNIZE WHAT THE
BOARD IS DOING. THE BOARD HAS
STATED THAT RECHARGE PER SE IS
NOT A BENEFICIAL USE, BUT IT HAS
BEEN INTERPRETING BUILDING ON
YOUR LAW. MAYBE 6 58 FROM 2019.
IT'S BEEN BUILDING ON THAT TO
ACKNOWLEDGE A VARIETY OF NC TOO,
YOU KNOW IN PLACE BENEFICIAL
USES OF STORED GROUNDWATER FOR
ADDRESSING VARIOUS KINDS OF
UNDESIRABLE IMPACTS OF
GROUNDWATER OVERDRAFT, AND IT
WOULD JUST BE USEFUL TO CONFIRM
THAT AND CLARIFY IT FOR
EVERYONE. AND THEN FINALLY, AS
WITH SHORTAGES, IT'S IMPORTANT
TO ACT QUICKLY WHEN STORMS COME
, AND SO HERE WE'RE SUGGESTING
FACILITATING UPFRONT,
PROGRAMMATIC PERMITTING, SO THAT
THE BOARD CAN QUICKLY STEP IN
AND APPROVE. UM SOMETHING WHEN,
WHEN THE STORMS ARE THERE AND
GIVING GIVING FOLKS THE CAPACITY
TO STEP IN AND DIVERT THE WATER
AND CHARGE IT. AND WITH THAT,
I'M GOING TO PASS THE WORD BACK
TO BRIAN. AND MAYBE IF YOU COULD
GO BACK TO SLIDE EIGHT, PLEASE.
GREAT WELL, THANK YOU, ELLEN. UM
MADAME PIERRE AND RANKING MEMBER
VICE CHAIR. MEMBERS OF THE
COMMITTEE. THANK YOU VERY MUCH
FOR HAVING US THANK YOU FOR
ACCOMMODATING US AND LETTING US
TESTIFY. REMOTELY AS WELL. UM I
WANT TO SAY ALSO THAT WE HAVE
BEEN DOING A LOT OF WORK ON
SEVERAL QUESTIONS THAT THAT YOU
RAISED IN YOUR OPENING
STATEMENTS. WE HAVE ISSUED A
SERIES OF REPORTS ON MANAGING
WATER FOR FISH AND OTHER
ENVIRONMENTAL USES MORE
EFFECTIVELY AND MORE EFFICIENTLY
. WE'VE ALSO DONE A SEVERAL A
SERIES OF STUDIES ON MANAGING
WATER IN THE SAN JOAQUIN VALLEY,
SPECIFICALLY ADDRESSING THE
PROBLEMS OF CHANGING LAND USE
CHRONIC WATER SHORTAGES AS WELL
AS IMPLEMENTATION AND COMPLIANCE
WITH SIGMA. WE'RE NOT GOING TO
TALK ABOUT ANY OF THAT DIRECTLY
TODAY, BUT I JUST WANTED TO
HIGHLIGHT THAT THAT THAT WORK IS
THERE WE WOULD BE HAPPY TO MEET.
WITH MEMBERS OF THE COMMITTEE OR
INFORMALLY OR THE COMMITTEE.
WE'D WE'D BE HAPPY TO COME BACK
AND TALK ABOUT THOSE THINGS AS
WELL. SO WHAT I WANT TO DO IS
JUST TO ADD A LITTLE BIT MORE
CONTEXT TO THE RECOMMENDATIONS
THAT ELLEN HAS JUST HIGHLIGHTED.
WE ALSO DESCRIBED THESE
RECOMMENDATIONS IN MORE DETAIL
IN SOME ADDITIONAL NOTES THAT
COMPANY ARE WRITTEN TESTIMONY.
SO IF YOU'D LIKE TO REFER TO
THAT IF THERE'S ANYTHING THAT WE
DON'T COVER EXPLICITLY. SO FIRST
IN ON THE RECOMMENDATIONS FOR
BETTER MANAGING SCARCITY. THE
FIRST RELATES TO THE SCOPE OF
THE STATE WATER BOARDS,
CURTAILMENT AUTHORITY, AND
THERE'S BEEN CONFUSION OVER THE
BOARD'S AUTHORITY TO CURTAIL THE
EXERCISE OF WATER RIGHTS AS WELL
AS CLASSES OF WATER RIGHTS
DURING DROUGHT, AND THIS
CONFUSION HAS ARISEN. THINK FOR
TWO REASONS. FIRST THE BOARD HAS
USED TWO DIFFERENT STATUTES TO
CURTAIL WATER RIGHTS. SECTIONS
10 52 AND 10 58.5 AND THE COURTS
HAVE ISSUED DIFFERING OPINIONS
ON THE SCOPE OF THE BOARD'S
CURTAILMENT JURISDICTION. THESE
CASES ARE NOT NECESSARILY
INCONSISTENT, BUT WE THINK IT
WOULD BE VERY HELPFUL FOR THE
LEGISLATURE TO CLARIFY THAT THE
BOARD'S ENFORCEMENT AND
CURTAILMENT AUTHORITY APPLIES TO
THE EXERCISE OF ALL SURFACE
WATER RIGHTS, INCLUDING SYRIANS
IN PRE 1914 APPROPRIATORS. WHO
ARE STATUTORILY EXEMPT FROM THE
BOARD'S GENERAL PERMITTING AND
LICENSING JURISDICTION. UM AS
ELLEN NOTED, THESE THESE WATER
RIGHTS ACCOUNT FOR ABOUT 35% OF
CALIFORNIA'S SURFACE WATER
WITHDRAWALS AND ON SMALL STREAMS
, THEY COULD THESE NON PERMITTED
RIGHTS OFTEN PREDOMINATE. AND I
THINK IT'S FAIR TO SAY THAT THE
BOARD'S SIMPLY CANNOT GET A
HANDLE ON WATER USE AND ENFORCE
THE EXISTING PRIORITIES OF WATER
RIGHTS. UNLESS IT HAS MORE
COMPREHENSIVE AUTHORITY. WE ALSO
THINK THAT THE BOARD SHOULD HAVE
CLEAR ENFORCEMENT AND
CURTAILMENT AUTHORITY OVER A
LIMITED CLASS OF GROUNDWATER
RIGHTS. SPECIFICALLY THOSE USERS
WHO IS PUMPING MAY SIGNIFICANTLY
AFFECT THE VOLUME OR THE FLOW OF
WATER IN HYDROLOGICAL CONNECTED
SURFACE STREAMS. THE BOARD HAS
ASSERTED THIS TYPE OF AUTHORITY
OVER SOME GROUNDWATER RIGHT
HOLDERS IN THE RUSSIAN, THE
SCOTT AND THE SHASTA RIVER
SYSTEMS BASED ON THE BOARD'S
FINDINGS THAT THEIR WILLS
EFFECTIVELY DIVERT WATER. FROM
THE RIVERS THEMSELVES. BUT
STATUTORY CLARITY IS ESSENTIAL
IN THIS AREA AGAIN. THE BOARD
HAS BEEN HAMSTRUNG, I THINK BY
SOME OF THE CONTROVERSIES OVER
THE SCOPE OF ITS AUTHORITY AND
WE THINK THE LEGISLATURE COULD
PLAY A VERY CONSTRUCTIVE ROLE BY
HELPING TO CLEAR THIS UP. THE
SECOND POINT RELATES TO THE
TIMING OF THE BOARD'S
CURTAILMENT AUTHORITY, AND ELLEN
MENTIONED THESE TWO TRIGGERS
WHERE THE BOARD'S AUTHORITY
UNDER SECTION 10 58.5 COMES INTO
PLAY, AND THAT'S THE
GUBERNATORIAL DECLARATION OF A
DROUGHT EMERGENCY OR A
CRITICALLY DRY YEAR MERELY
IMMEDIATELY FOLLOWING TWO OR
MORE DRY YEARS THEMSELVES, AND
WE THINK THESE TRIGGERS ARE
PROBLEMATIC FOR TWO REASONS. THE
FIRST IS THAT CONDITIONS THAT
WEREN'T CURTAILMENT MAY EXIST IN
SOME WATERSHEDS WELL BEFORE THE
GOVERNOR DECLARES A REGIONAL OR
STATEWIDE DROUGHT EMERGENCY. AND
SECOND AS WE LEARNED FROM THE
PAST TWO DROUGHTS, WATER
SUPPLIES CAN BECOME CRITICALLY
SCARCE EVEN IN YEARS THAT ARE
PRECEDED BY YEARS OF RELATIVE
ABUNDANCE. SO WE THINK THE
LEGISLATURE COULD STRENGTHEN THE
BOARD'S ABILITY TO ENFORCE THE
CONSTITUTIONAL WASTE AND
UNREASONABLE USE MANDATES AND
ALLOW IT TO RESPOND MORE QUICKLY
TO WATER SHORTAGES BY SIMPLY
ELIMINATING THESE TRIGGERS. THE
THIRD POINT HERE RELATES TO THE
LACK OF CURRENT AND ACCURATE
INFORMATION ON WATER RIGHTS AND
WATER USE. UM WE'VE HEARD FROM A
NUMBER OF MEMBERS OF THE BOARD
STAFF AND OTHER PARTIES WHO HAVE
BEEN FRUSTRATED THAT THE BOARD
SIMPLY DOESN'T HAVE ADEQUATE
INFORMATION ABOUT WATER RIGHTS
AND WATER USED TO EXERCISE ITS
ENFORCEMENT AND CURTAILMENT
AUTHORITY IN TIMES OF DROUGHT.
AND SO WE HAVE A COUPLE OF IDEAS
HERE. THE FIRST IS LEGISLATURE
COULD BUILD ON SB 88 MONITORING
AND REPORTING REQUIREMENTS BY
ALLOWING THE BOARD TO REQUIRE
MORE FREQUENT REPORTING AS
WARRANTED BY CURRENT OR
PROJECTED HYDROLOGIC CONDITIONS
. THIS COULD BE WEEKLY REPORTING
IT COULD BE DAILY REPORTING IT
COULD BE MONTHLY REPORTING,
DEPENDING ON THE CIRCUMSTANCES.
A SECOND IN COMPLEMENTARY
APPROACH. WE THINK WE CREATE
INCENTIVES FOR WATER RIGHTS
HOLDERS TO GATHER AND REPORT
ACCURATE INFORMATION TO THE
BOARD. AND SO WE WOULD URGE THE
COMMITTEE TO EXPLORE LEGISLATION
THAT WOULD PLACE THE BURDEN OF
PROVING BOTH THE EXISTENCE OF A
VALID WATER RIGHT AND THE LAWFUL
EXERCISE OF THAT RIGHT. ON THE
WATER RIGHT HOLDER AGAIN, AND
ENFORCEMENT AND COMPLIANT AND
CURTAILMENT PROCEEDINGS, THE
LATTER REQUIREMENT RELATING TO
THE VALID. THE LAWFUL EXERCISE
OF THE WATER RIGHT WOULD INCLUDE
A REQUIREMENT TO SHOW EVIDENCE
THAT THE DIVERSIONS DO NOT
EXCEED THE VOLUME OR THE TIMING
AUTHORIZED BY THE WATER RIGHT
EVIDENCE OF COMPLIANCE WITH THE
PLACE OF USE AND PURPOSE OF USE.
LIMITATIONS ON THE WATER RIGHT
AND EVIDENCE THAT THE DIVERSIONS
ARE NEITHER WASTEFUL NOR
UNREASONABLE. UNDERCURRENT
HYDROLOGIC CONDITIONS, ALL OF
WHICH ARE REQUIRED BY THE LAW,
BUT WE THINK SHIFTING THE BURDEN
OF PROOF TO THE WATER RIGHT
HOLDERS WOULD DO SEVERAL THINGS
. IT WOULD CREATE INCENTIVES FOR
NON PERMITTED WATER RIGHT
HOLDERS TO SEEK CONFIRMATION
FROM THE BOARD OF THE VALIDITY
AND EXTENT OF THEIR WATER
RIGHTS. IT WOULD ALSO CREATE
INCENTIVES FOR ALL USERS TO
INSTALL TECHNOLOGY THAT WOULD
ENABLE THEM TO PROVE THE VALID
EXERCISE OF THEIR WATER RIGHTS.
AND IT WOULD RELIEVE THE BOARD
OF REALLY THE IMMENSE BURDEN OF
INVESTIGATING AND ATTEMPTING TO
MONITOR THE EXERCISE OF ALL
WATER RIGHTS ACROSS THE STATES,
VARIOUS WATERSHEDS, ESPECIALLY
DURING TIMES OF DROUGHT. EXCUSE
ME. THE FOURTH NOTE ON THE SLIDE
IS ELLEN MENTIONED, UM REALLY
DOESN'T INVOLVE LEGISLATIVE
ACTION. AND SO I'M JUST GONNA
SKIP IT IN THE INTEREST OF TIME
AND MOVE ON TO THE NEXT SLIDE,
PLEASE, WHICH JUST PROVIDE A
LITTLE MORE DETAILS ON MANAGING
WATER DURING TIMES OF ABUNDANCE
, SO IF WE COULD HAVE THE NEXT
SLIDE THAT WOULD BE GREAT. THANK
YOU. SO AS ELLEN MENTIONED, UM
IN 2019, THE BOARD CREATED A
SPECIAL PERMITTING GUIDELINES
FOR THE DIVERSION OF HIGH WATER
FLOWS FOR GROUNDWATER RECHARGE
AND THE GUIDELINES BUILD ON A B
6 58, WHICH ALSO WAS ENACTED IN
2019, BUT MOST OF THE HIGH FLOW
PERMITTING, IS REALLY THE
BOARD'S OWN CREATION, AND WE
BELIEVE IT WOULD BE USEFUL FOR
THE LEGISLATURE TO CONFIRM THE
BOARD'S AUTHORITY. THE ISSUE
SPIRIT SPECIAL PERMITS FOR THE
DIVERSION AND STORAGE OF HIGH
WATER FLOWS. IF THE COMMITTEE
CHOOSES TO EXPLORE THIS, WE WANT
TO HIGHLIGHT THREE FACTORS THAT
WE THINK ARE PARTICULARLY
IMPORTANT IN SUCH LEGISLATION,
AND THE FIRST IS THE DEFINITION
OF HIGH FLOW EVENTS. AND AGAIN.
ELLEN MENTIONED THESE TWO
TRIGGERS. UM UH, AND THE ONE IS
PROVIDED. THE MOST CONTROVERSY
HAS BEEN THE DIVERSIONS ARE
PERMITTED WHEN DAILY STREAM FLOW
AT THE POINT OF DIVERSION IS
ABOVE THE 90TH PERCENTILE. WITH
THE VERSION RATES LIMITED TO 20%
OF THE TOTAL STREAM FLOW AT THAT
POINT AND THAT CRITERION HAS
BEEN PARTICULARLY CONTROVERSIAL
FOR A NUMBER OF REASONS. UM I
THINK IN PART, IT'S BECAUSE IT'S
BASED ON A GENERAL RISK ANALYSIS
THAT REALLY DIDN'T CONSIDER
HYDROLOGIC AND ECOLOGICAL
CONDITIONS WITHIN SPECIFIC
WATERSHEDS. YET SOME TYPE OF
DIVIDING POINT FOR TRIGGERING
THIS PROGRAM IS IMPORTANT
BECAUSE THIS DIVERSION THRESHOLD
SERVES A COUPLE OF VERY
IMPORTANT INTERESTS. FIRST IT
PROTECTS EXISTING WATER USERS BY
LIMITING THEIR HIGH FLOW
DIVERSIONS TO WATER THAT IS NOT
PREVIOUSLY BEEN APPROPRIATED AND
THEREFORE CAN BE LAWFULLY
CLAIMED BY EXISTING SENIOR WATER
RIGHTS HOLDERS AND SECOND, UM IT
PROTECTS WATER QUALITY FISH AND
OTHER EXTREME USES BY ENSURING
THAT THE NEW DIVERSIONS DON'T
UNDULY DIMINISHED THE ECOLOGICAL
SERVICES THAT ARE PROVIDED BY
SEASONAL HIGH FLOWS. AND SO WE
RECOMMEND THAT THE COMMITTEE
CONSIDERED LEGISLATION IS ELLEN
MENTIONED THAT WOULD DIRECT THE
BOARD. TO ENGAGE WITH THE
DEPARTMENT OF WATER RESOURCES
AND OTHER INTERESTED PARTIES TO
LOOK AT THIS QUESTION BY
INDIVIDUAL SPECIFIC WATERSHED,
FOCUSING ON THE WATERSHEDS THAT
ARE LIKELY TO BE THE SOURCES OF
FUTURE HIGH FLOW DIVERSIONS AND
THEN, BASED ON THIS ANALYSIS,
THE BOARD WOULD SET NEW
DIVERSION THRESHOLDS FOR EACH
WATERSHED. THE 90TH PERCENTILE
THRESHOLD, WHICH EXISTS
STATEWIDE TODAY. COULD CONTINUE
AS THE GENERAL INTERIM STANDARD
UNTIL THE BOARD PUBLISHES
INDIVIDUAL CRITERIA. THE SECOND
POINT HERE RELATES TO THE
DIVERSION OF HIGH FLOWS IN
STORAGE AS A BENEFICIAL USE, AND
IT'S ELLEN MENTIONED SECTION 12
42 OF THE WATER CODE STATES THAT
UNDERGROUND STORAGE OF SURFACE
WATER IS A BENEFICIAL USE, BUT
ONLY IF THE STORED WATER IS
THEREAFTER APPLIED TO A DEFINED
BENEFICIAL USE. AND IN ITS 2019
GUIDELINES, THE BOARD DEFINED
BENEFICIAL USED TO INCLUDE A
VARIETY OF IN PLACE BENEFICIAL.
BENEFICIAL USE. EXCUSE ME FROM
UNDERGROUND STORAGE, AND THESE
INCLUDE PREVENTION OF SALT WATER
INTRUSION INTO FRESHWATER,
AWKWARD FURS, PROTECTION AGAINST
SUBSIDENCE AND COMPACTION OF
AQUIFERS AND SUPPORT OF
GROUNDWATER DEPENDENT ECOSYSTEMS
ON ANOTHER SURFACE WATER
RESOURCES IN THE BOARD ALSO
ENCOURAGED GROUNDWATER
SUSTAINABILITY AGENCIES CHARGED
WITH IMPLEMENTING SIGMA TO
DEVELOP UNDERGROUND STORAGE
PROJECTS USING HIGH FLOW
DIVERSIONS IN ORDER TO ADDRESS
OTHER UNDESIRABLE RESULTS FROM
GROUNDWATER OVERDRAFT IS JUST
DEFINED BY SIGMA AND TO ASSIST,
UM, THE GSA'S OVERALL COMPLIANCE
WITH SIGMA'S SUSTAINABILITY
DIRECTIVE. THE GENERAL
DEFINITION OF BENEFICIAL USE FOR
GROUNDWATER STORAGE HAS BEEN A
SOMEWHAT CONTENTIOUS TOPIC. UM
WE THINK IN THIS AREA, THE
BOARD'S BROADER DEFINITION MAKES
A LOT OF SENSE AND IT WOULD BE
HELPFUL FOR THE LEGISLATURE TO
CONFIRM THIS BROAD
INTERPRETATION, AT LEAST IN THE
CONTEXT OF THE HIGH FLOW
DIVERSION AND STORAGE PROGRAM.
AND THEN UM. FINALLY, UM AS
ELLEN MENTIONED, UM. AS WITH
ENFORCEMENT IN CURTAILMENT OF
WATER RIGHTS DURING TIMES OF
SHORTAGE, RAPIDLY CHANGING HIGH
FLOW AND FLOOD WATER CONDITIONS
ALSO REQUIRE PROMPT ACTION BY
THE BOARD AND BY PARTIES THAT
ARE SEEKING TO DIVERT HIGH WATER
FLOWS WHEN THEY ARE AVAILABLE,
AND WHEN THEY ARE STILL
AVAILABLE, AND WE BELIEVE THAT
NEW LEGISLATION COULD FURTHER
THIS GOAL BY AUTHORIZING THE USE
OF PROGRAMMATIC HYDROLOGIC AND
ENVIRONMENTAL ANALYSES, THESE
WOULD BE UPFRONT ANALYSIS.
VARIOUS QUESTIONS THAT RELATE TO
THE PROGRAM THAT THE BOARD COULD
THEN USE TO REVIEW AND APPROVE
SPECIFIC HIGH FLOW DIVERSION
REQUESTS ON AN EXPEDITED BASIS
IN THE PROGRAMMATIC ANALYSIS
WOULD INCLUDE INPUT FROM DWR
DEPARTMENT OF FISH AND WILDLIFE
GS AZIZ COUNTIES AND OTHER
RELEVANT AGENCIES AND
STAKEHOLDERS. THIS PROGRAM
MALLET PROGRAMMATIC ANALYSIS, WE
THINK WOULD BE ESPECIALLY
HELPFUL FOR LONG TERM PERMIT
APPLICANTS FOR HIGH FLOW
DIVERSIONS ANALYSIS WOULD BETTER
ENABLE THEM TO PLAN AND DEVELOP
THE DIVERSION CONVEYANCE AND
RECHARGE FACILITIES THAT ARE
NEEDED TO HARVEST AND STORE HIGH
WATER DIVERSIONS. IT ALSO WOULD
PROVIDE GREATER CERTAINTY TO
THESE PARTIES THAT THEIR
INVESTMENTS IN INFRASTRUCTURE
WILL ACTUALLY BE PUT TO USE WHEN
HYDROLOGIC CONDITIONS PERMIT.
PROGRAMMATIC ANALYSIS ALSO WOULD
ENABLE THE BOARD TO DETERMINE IN
ADVANCE THE CONDITIONS THAT HAVE
TO BE PLACED ON THE DIVERSION
AND RESEARCH PROJECTS TO PROTECT
FISH AND OTHER IMPORTANT PUBLIC
INTERESTS. THESE INTERESTS COULD
INCLUDE THE SIGHTING OF
GROUNDWATER RECHARGE FACILITIES
NEAR SMALL COMMUNITY AND
DOMESTIC WELLS, AS WELL AS IN
AREAS THAT SUPPORT GROUNDWATER
DEPENDENT ECOSYSTEMS. THAT ALL
OF WHICH MAY BENEFIT FROM HIGHER
AND MORE GROUNDWATER LEVEL
HIGHER AND MORE STABLE. EXCUSE
ME GROUNDWATER LEVELS. I DON'T
KNOW IF YOU HAVE WORSE SLIDES.
BUT IF YOU COULD WRAP THIS ONE
UP SO WE CAN GO TO QUESTIONS
WHERE MY CONCLUSION THANK YOU IF
I COULD JUST HAVE THE NEXT SLIDE
I JUST WANT TO POINT OUT THE
CORNERSTONE OF CALIFORNIA'S
WATER POLICY, WHICH IS ARTICLE
10 SECTION TO THE CONSTITUTION,
AND IT HAS THREE DIRECTIVES THAT
I THINK ARE PARTICULARLY APT
HERE TODAY. THE FIRST IS THAT
THE PEOPLE OF CALIFORNIA WHEN
THEY APPROVED THIS IN 1928
RECOGNIZED THAT CONDITIONS OF
CALIFORNIA ARE DIFFERENT FROM
MANY OTHER STATES AND THE
GENERAL WELFARE REQUIRES THAT
WATER RESOURCES PUT TO
BENEFICIAL USE TO THE FULLEST
EXTENT TO WHICH THEY ARE CAPABLE
AND WHAT THIS REALLY MEANS IS
THAT WE NEED TO PROMOTE
ALLOCATED EFFICIENCY AND USE. UM
IT ALSO STIPULATES THAT THE
WATER IS LIMITED TO THE WATER
THAT IS REASONABLY REQUIRED FOR
BENEFICIAL USE AND THE RIGHT.
THE WATER RIGHTS DO NOT EXTEND
TO WASTE OR UNREASONABLE USE.
AND AGAIN. THIS IS A CALL FOR
AGAIN EFFICIENCY OR RELATIVE
EFFICIENCY AND HOW WE USE OUR
WATER. AND THE THIRD DIRECTIVE
INDICATES AGAIN THAT THE
LEGISLATURE PLAYS A SPECIAL ROLE
IN THIS AREA AND THAT THESE
PRINCIPLES SHOULD GUIDE
LEGISLATIVE ACTIONS. IN PAST
YEARS, THE LEGISLATURE HAS ACTED
ON NUMEROUS OCCASIONS TO ENSURE
THAT OUR LAWS KEEP PLACE WITH
CHANGING HYDROLOGIC CONDITIONS.
NEW SCIENTIFIC UNDERSTANDING AND
CONTEMPORARY PUBLIC VALUES,
PREDICTED EFFECTS OF CLIMATE
CHANGE. MANY OF WHICH ZELIN
SAID. WE'RE NOW EXPERIENCING
ALSO REQUIRE NEW LEGAL AND
POLICY RESPONSES. SO WITH THAT
WE'LL BE HAPPY TO ANSWER ANY
QUESTIONS. THANK YOU BOTH SO
MUCH FOR THAT PRESENTATION.
LOOKING TO SEE IF ANY MEMBERS
WANT TO OPEN WITH QUESTIONS. MR
BENNETT. HAVE A QUICK QUESTION.
AND THEN A QUICK FOLLOW UP. JUST
COMMENT, UM WITH THE AREA. THE
WATERBOARD. MY UNDERSTANDING HAS
A LIMITED ABILITY TO REGULATE
EXTRACTIONS OF GROUNDWATER
EXCEPT WHERE IT AFFECTS SURFACE
WATER IS THAT IS THAT ACCURATE?
YES IN FACT, THE WHAT? THE
BOARD'S AUTHORITY OVER
GROUNDWATER, EVEN HYDRO HYDRO,
LOGICALLY CONNECTED GROUNDWATER
IS REALLY THE ONLY EXPLICIT
STATUTORY AUTHORITY FOR THAT IS
FOR THE SCOTT RIVER WATERSHED
AND THE STATUTORY ADJUDICATION,
UM, THAT WAS AUTHORIZED BY THE
LEGISLATURE IN THAT IN THAT
CASE, UM, THE BOARD IN SEVERAL
SYSTEMS, AS I MENTIONED HAS
EXERCISED THAT AUTHORITY
ESSENTIALLY ON THE THEORY THAT
THE GROUNDWATER PUMPING SO CLOSE
TO THE RIVER IS TANTAMOUNT TO,
UM, WITHDRAWALS FROM THE RIVER
ITSELF. SO THAT'S WHY WE THINK
IT WOULD BE. IT'S AN IMPORTANT
HYDROLOGIC CONNECTION, AND WE
BELIEVE IT'S IT WOULD BE REALLY
HELPFUL FOR THE LEGISLATURE TO
GIVE MORE GENERAL AUTHORITY TO
THE BORDER OVER THAT. WE'RE NOT
RECOMMENDING GENERAL PERMITTING
AUTHORITY OVER GROUNDWATER. WE
THINK THAT WE NEED TO REALLY SEE
HOW SIGMA PLAYS OUT BEFORE WE
WOULD RECOMMEND A BROADER
CHANGE. AND THEN MADAM CHAIR IF
YOU DON'T MIND, BE IN AND OUT
SOME AND I JUST WANT TO MAKE
SURE I GET THIS. THIS COMMENT
MADE. I THINK THESE THIS
PRESENTATION, I THINK REALLY
EMPHASIZES HOW THE FACT THAT WE
HAVE MORE FLEXIBLE WATER MORE
MORE VARIABLE WATER SITUATION
THAN WE'VE HAD IN THE PAST. WITH
CLIMATE CHANGE. WE'RE GOING TO
HAVE WEATHER WETS AND DRIER
DRIES. AND AN INCREASED DEMAND
ON THE WATER WITH THE
ATMOSPHERIC DROUGHT, UH, THAT
THAT THEY REFER TO MORE
VARIABILITY MEANS WE NEED MORE
FLEXIBILITY ON THE GROUND, UM,
TO BE ABLE TO MOVE FORWARD, AND
SO I THINK THESE RECOMMENDATIONS
SORT OF EMPHASIZE THAT BUT WHEN
YOU TRY TO MOVE TO MORE
FLEXIBILITY THERE IS AN INHERENT
RESISTANCE THAT COME FROM
PEOPLE, PARTICULARLY IN THE
WATER WORLD. THEY DON'T WANT
CHANGE, AND I JUST WOULD LIKE TO
GET THIS OUT THERE THAT IN
VENTURA COUNTY WE'VE WE'VE WE'VE
SORT OF, YOU KNOW, MICROCOSM
DEALT WITH MANY OF THESE ISSUES
RECHARGE GROUNDWATER OVER
DEPLETION SURFACE RECHARGE. HOW
MUCH CAN YOU TAKE OFF OF THE
RIVERS, ETCETERA. UM AND FOR
PEOPLE WHO ARE CURRENTLY USING
WATER, THE BEST THING THAT CAN
HAPPEN I THINK TO THEM IS FOR US
TO GET THIS GREATER FLEXIBILITY
AND GET IT CLARIFIED TO ACTUALLY
PROTECT THE CURRENT WATER USERS
BECAUSE IT IS THE CURRENT SYSTEM
WILL PUT THE CURRENT WATER USERS
AT GREATER AND GREATER RISK
DURING THE STRIKE PERIODS THAT
WE'VE SEEN. AND SO I JUST WOULD
ENCOURAGE PEOPLE TO BE OPEN AND
SO THAT WE CAN HAVE A REALLY
HEALTHY DIALOGUE ABOUT THE
CHANGES. WE NEED TO GET GREATER
FLEXIBILITY TO PROTECT CURRENT
WATER USERS AND, OF COURSE,
PROTECT FUTURE WATER USERS AND
THE PUBLIC IN GENERAL. THANK
YOU. THANK YOU ASSEMBLYMEMBER'S
ANYBODY ELSE QUESTION? YEAH
REMEMBER WORD. THANK YOU. I
REALLY APPRECIATE THIS OVERVIEW
AND JUST HAD KIND OF TWO
OVERARCHING QUESTIONS. I
WONDERED IF YOU COULD, UM, YOU
KNOW, RESPOND JUST GENERALLY TO
THOSE UM I'M MINDFUL YOU. YOU
JUST MENTIONED ACTUALLY RESPONSE
TO THE LAST QUESTION ABOUT
LETTING SIGMA PLAY ITSELF OUT.
BUT WE KNOW THAT AND I THINK IT
IS, YOU KNOW, MENTIONING REPORT
TO WORKING ON GROUNDWATER
MANAGEMENT SOLUTIONS PROBABLY
ARE THE MOST COST EFFECTIVE WAY
ABOUT STORING THESE
OPPORTUNITIES AS THEY COME,
ESPECIALLY IN THE DELUSION THEY
ARE, AND I'M WONDERING. YOU
KNOW? YES IT'S GOOD TO PROBABLY
SORT OF UPDATE THE, UM STATUTORY
ABILITIES FOR THE WATER BOARD TO
DO TO BE MORE EFFECTIVE AT DOING
WHAT IT DOES, UM, LETTING SIGMA
PLAY OUT. ARE WE ARE WE ARE WE
WASTING TIME RIGHT NOW, WHEN WE
SHOULD BE TRYING TO MAKE THE
INVESTMENTS THAT WE KNOW WE NEED
TO MAKE RIGHT NOW TO BE ABLE TO
PRODUCE MORE COST EFFECTIVE
SOLUTIONS FOR WATER STORAGE.
SHOULD WE REALLY BE PRIORITIZED
IN THIS YEAR'S EFFORTS ON
CONSCIENTIOUSLY MAKING SIGMA
WORK QUICKER. UM AND THEN ALSO,
HOW DOES THE CENTRAL VALLEY
PROJECT AND FEDERAL
INFRASTRUCTURE PLAN TO THE WATER
BOARDS MANAGEMENT AND JUST
GENERALLY, CALIFORNIA'S
MANAGEMENT OF WATER SYSTEMS?
WHERE DOES OUR AUTHORITIES STOP
? I GUESS IN THIS COORDINATION
BETWEEN THESE TWO SYSTEMS, IF AT
ALL. THE BABY UP. I'LL ANSWER
BRIEFLY, THE LEGAL ASPECTS AND
THEN I'LL TURN IT OVER TO ELLEN.
EXCUSE ME. WHEN I SAID THAT WE
SHOULD WE SHOULD LET SIGMA PLAY
OUT. IT WAS IN THE CONTEXT OF
SAYING THAT WE ARE NOT CURRENTLY
RECOMMENDING THAT THE THAT THE
LEGISLATURE AUTHORIZED THE BOARD
TO HAVE EXCUSE ME PERMITTING
AUTHORITY. UH AND LICENSING
AUTHORITY OVER ALL GROUNDWATER
EXTRACTIONS. RATHER ONLY THOSE
THAT ARE HYDROLOGICAL CONNECTED
AND HAVE A SIGNIFICANT EFFECT ON
SURFACE STREAMS. OTHERWISE, I'LL
LET ELLEN ANSWER THE REST OF THE
SIGMA QUESTION ON THE
RELATIONSHIP BETWEEN CALIFORNIA
LAW AND THE FEDERAL CENTRAL
VALLEY PROJECT, THE CENTRAL
VALLEY PROJECT IMPROVEMENT ACT
OF 1992. SAYS EXPLICITLY THAT
THE BUREAU OF RECLAMATION AND
OPERATING THE PROJECT SHALL
COMPLY WITH ALL ASPECTS OF
FEDERAL AND STATE WAR, INCLUDING
ALL DECISIONS OF THE STATE WATER
RESOURCES CONTROL BOARD. SO
THERE IS EXTREMELY LIMITED, IF
ANY FEDERAL PREEMPTION OF STATE
AUTHORITY AS APPLIED TO CBP
OPERATIONS. SO MAYBE I'LL CHIME
IN AND ON ON THE ON THE STIGMA
PIECE A LITTLE BIT MORE, UM THE
SIGNAL WAS NOT INTENDED TO BE
IMPLEMENTED OVERNIGHT BECAUSE I
THINK THE LEGISLATURE RECOGNIZE
THAT THEY WERE CHARTING OUT A
BIG ASSIGNMENT FOR FOLKS IN
TERMS OF DEVELOPING NEW
GOVERNANCE STRUCTURES.
DEVELOPING ACCOUNTS IN MANY
CASES FOR THE FIRST TIME FOR
THEIR BASINS AND THEN FIGURING
OUT WHAT KINDS OF PROJECTS AND
ACTIONS TO PUT IN PLACE. IN
ORDER TO ADDRESS ON DESIRABLE
RESULTS OF GROUNDWATER USE. AND
UM, YOU KNOW, YOU HAD A HEARING
ABOUT A YEAR AGO. UM, LOOKING
LOOKING AT THE FIRST GROUNDWATER
PLANS THAT THAT WERE SUBMITTED,
AND THE DEPARTMENT OF WATER
RESOURCES, REJECTED THEM OR SENT
A LOT OF THEM BACK FOR EXTRA
HOMEWORK. UM LET'S SAY YOU KNOW
AND ASK THEM TO BE REVISED,
ESPECIALLY PLANS FROM THE SAN
JOAQUIN VALLEY BECAUSE THEY
HADN'T BEEN THEY DIDN'T MEET ALL
OF THE CRITERIA THAT THAT THAT
THE DEPARTMENT DEEMED THEY
SHOULD. UM, THOSE ARE NOW UNDER
REVIEW AGAIN, AND I THINK WE'RE
GOING TO BE HEARING THE FINAL
WORD FROM DWR ON THOSE PRETTY
SOON, BUT, UM, WHAT'S CLEAR IN
LOOKING AT HOW HOW
IMPLEMENTATION HAS BEEN EVOLVING
IS THAT THESE ARE WORKS IN
PROGRESS, AND PEOPLE ARE NOT
STANDING STILL. IT'S NOT LIKE
THEY SUBMITTED A PLAN AND SAID
OKAY, I'M GONNA SIT BACK AND
WAIT. THEY'VE BEEN CONTINUING TO
WORK ON ADDRESSING UNDESIRABLE
RESULTS. AND ON DEVELOPING THEIR
PROJECTS AND ACTIONS, AND THE
LATEST DROUGHT HAS REALLY PUSHED
DEMAND MANAGEMENT TO THE
FOREFRONT AND A NUMBER OF THE
BASINS WHERE THEY STARTED TO DO
ALLOCATIONS AND SET UP TRADING
AND ALL KINDS OF THINGS, BUT
PRETTY MUCH TO A ONE. THE IN
THESE BASINS THEY ARE
EMPHASIZING AS A KEY PRIORITY.
STORING MORE GROUNDWATER, SO OUR
RECOMMENDATIONS HERE ARE REALLY
ABOUT ENABLING THAT TO HAPPEN
MORE EASILY. OKAY. THANK YOU.
THANK YOU. SO REMEMBER WORD. UM,
I HAVE A COUPLE QUESTIONS. OH,
YEAH. SORRY TO THE VICE CHAIR
BECAUSE HE HAS TO THANK YOU,
MADAM CHAIR, I THINK MY FAVORITE
THING HEARING IN HERE IS THE
DISCUSSION ABOUT, UH VITAL USE
FOR GROUNDWATER RECHARGE, AND
THIS IS SOMETHING THAT
DEFINITELY WE NEED TO LOOK MORE
AT AND I LOOK FORWARD TO HEARING
MORE INFORMATION ABOUT BECAUSE
WE ALL KNOW WE GET THESE
MONSTROUS FLOWS RIGHT NOW. AND
WE'VE SEEN IN THE CHARTS THAT A
LOT OF THIS IS GOING OUT TO THE
DELTA. AND ENSURING THAT WE MAKE
A POINT AS A LEGISLATIVE BODY.
THAT RECHARGING THE GROUNDWATER
IS A VITAL USE. WILL
DRAMATICALLY CHANGE WHAT WE'RE
DOING WITH WITH BREACHING SIGMA
GOALS. IN OVERDRAFT BASINS AND
THOSE THINGS, SO AS WE MOVE
FORWARD, I JUST ENCOURAGE MY
COLLEAGUES. LOOK AT THAT AND
MAKE THAT SOMETHING THAT WE TALK
ABOUT MORE OFTEN. THANK YOU. MY
QUESTION WAS GOING TO BE ABOUT
MR RIGHT HERE, SO I'LL SEGUE
RIGHT INTO IT. UM SO MY QUESTION
ACTUALLY PIGGYBACKING ON WHAT
THE VICE CHAIR SAID IS. THERE'S
NO QUESTION THAT I SEE THE
BENEFIT OF GROUNDWATER RECHARGE
BEING A BENEFICIAL USE. IN WHAT
YEARS LIKE WE'RE SEEING THIS
YEAR, I'M WONDERING IF THERE ARE
DOWNSIDES TO THAT BEING THE CASE
IN TRY YEARS WHERE WE HAVE A
VERY LIMITED RESOURCE THAT WE
ARE TRYING TO ENSURE EVERYONE
GETS AS MUCH ACCESS TO AS
POSSIBLE. MAYBE THAT'S NOT AN
ISSUE, BUT I'M JUST CURIOUS.
AGAIN ISLAND. ELLEN ANSWER MOST
OF THIS, BUT LEGALLY I THINK
IT'S IMPORTANT TO DISTINGUISH
BETWEEN THE DIVERSIONS THE RIGHT
TO WHICH KICKS IN DURING
EXTREMELY WET YEARS, AND THEN
THE STORAGE AND STORAGE AS A
BENEFICIAL USE WATER STORED HIGH
FLOW DIVERSION STORED IN
GROUNDWATER AQUIFER FURS, YOU
KNOW, IN A WET YEAR. WE'LL STAY
THERE DURING THE DRY YEARS, AND
IT WILL SERVE VERY IMPORTANT
PURPOSES. IN FACT, EVEN MORE
IMPORTANT GENERAL PUBLIC
PURPOSES. IF AND WHEN WATER
USERS SHIFT TO AN INCREASE.
THEY'RE PUMPING FROM THE
GROUNDWATER BASINS. SO I THINK
THE BIG CONCERN REALLY SHOULD BE
, UM, LIMITING THE DIVERSIONS IN
THE DRIER YEARS. I MEAN, THEY'RE
LIMITED ANYWAYS BY JUST THE
HYDROLOGIC AVAILABLE AVAILABLE
FLOWS. UM AND NOT FOCUS SO MUCH
ON DRY YEAR WET YOUR
DISTINCTIONS IN LOOKING AT THE
BENEFICIAL USE OF STORAGE ITSELF
. THAT MAKES SENSE. AND I WILL
SAY TO MY COLLEAGUES WHO KEEP
BRINGING UP SIGMA, WE ARE
WORKING TO PUT TOGETHER AN
INFORMATIONAL HEARING. WE HAD
ONE LAST YEAR AND LOOKING AT
WHERE WE ARE NOW A LOT. THESE
DEADLINES KEEP COMING SO UM AND
THEN MY SECOND QUESTION IS THE
COLORADO RIVER OBVIOUSLY IS A
HOT TOPIC IN WATER RIGHT NOW.
UM, AND WE KNOW IT'S AN OVER
ALLOCATED RESOURCE. AND MY
QUESTION IS, YOU KNOW WE HAVE.
WE SORT OF UNDERSTAND THAT ABOUT
THE COLORADO RIVER. DO WE HAVE
THE STATEMENT? UNDERSTANDING OF
OUR OWN WATER HERE IN
CALIFORNIA? DO WE HAVE AN OVER
ALLOCATION? IS IT ALLOCATED
PROPERLY UNDER THE WATER RIGHTS
SYSTEM TO EVEN KNOW THE ANSWER
TO THAT QUESTION. AND IF YOU CAN
PROVIDE INSIGHT ON THAT DYLAN,
WHY DON'T YOU GO AHEAD AND ALL
THE ALL CHINA? UM YOU KNOW, WE
CAN ONLY USE THE WATER THAT WE
ACTUALLY HAVE IN THE AND WITH
SURFACE WATER. YOU KNOW, THAT'S
KIND OF OBVIOUS AND WHEN THE
RESERVOIRS ARE DEPLETED, THEIR
DEPLETED THAT WHERE WE'VE BEEN
OVER USING WATER HAS BEEN IN THE
GROUNDWATER BASINS WHERE YOU
KNOW IT MAKES SENSE TO USE MORE
GROUNDWATER IN DRY YEARS. BUT
THEN YOU GOTTA GET THE GET THE
GROUNDWATER LEVELS BACK UP AGAIN
IN WET YEARS, AND OUR PROBLEM
WE'VE HAD IS THAT WE'VE BEEN
USING TOO MUCH IN IN THE SORT OF
IN THE NORMAL YEARS OR YOU KNOW
THE KIND OF MIDDLE MIDDLING
YEARS AND SO ONLY REALLY
RECHARGING IN WET YEARS, AND WE
DO HAVE TO GET BETTER AT USING
LAST. WHICH IS WHY I DEMAND
MANAGEMENT IS PART OF THE OF THE
FORMULA FOR SIGMA, BUT THE MORE
WE CAN STORE ACTIVELY, THE
EASIER THAT'S GOING TO BE IN
TERMS OF ADAPTATION IN THOSE
REGIONS, WHICH DEPEND A LOT ON
AGRICULTURE FOR THEIR YOU KNOW
THEIR THEIR THEIR ECONOMY AND
THEIR SOCIETY, RIGHT AND I
UNDERSTAND WHAT YOU'RE SAYING
ABOUT GROUNDWATER. UM I GUESS MY
QUESTION IS YOU HAVE THAT CHART
UP RIGHT WHERE YOU SHOWED IN
2020 17 THE VERY DRY YEAR. MY
RECOLLECTION IS CORRECT. UM, HOW
LITTLE WE WERE EXPORTING FROM
THE DELTA, RIGHT? IT WAS GRAY
LINE TWO. TINY. UM SO. MY
READING OF THAT CHURCH WAS
DURING OUR DRY REARS TO YOUR
POINT WHEN WE DON'T HAVE THE
SURFACE WATER WHERE EXPORTING
VERY LITTLE TO PEOPLE WHO
BELIEVE THEY HAVE. WATER RIGHTS
, RIGHT? I MEAN, THAT'S MY
UNDERSTANDING WHAT'S HAPPENING,
AND SO YOU'RE SAYING WE JUST
DON'T HAVE IT? WELL YES, I
UNDERSTAND THAT. BUT ARE WE ALSO
HAVE WE OVER ALLOCATE? DO PEOPLE
BELIEVE THEY'RE GETTING WATER
THAT IN MANY, MANY YEARS WE WILL
NOT HAVE THIS IS THE ISSUE OF
THE CONTRACTS THAT FOLKS HAVE.
AND UM IT WAS IT WAS MENTIONED.
I THINK BY THE VICE CHAIR, YOU
KNOW, AND YOU'LL OFTEN HEAR
ABOUT PERCENTAGES OF WHAT'S
DELIVERED RELATIVE TO A CONTRACT
FACE VALUE. THE FOLKS WHO ARE
GETTING LOWER DELIVERIES ARE
MORE JUNIOR SEAU WITHIN THE
PROJECT WITHIN THE CBP AND THE
SWP. THE FOLKS WHO HAVE SENIOR,
UM, CONTRACTS ARE MUCH MORE
LIKELY TO BE MADE WHOLE THAN
THAN THE FOLKS WHO ARE TO WHO
CAME MORE MORE RECENTLY, SO IN A
SENSE, WE ARE CURTAILING ON A
REGULAR BASIS IN THE DELTA, THE
JUNIOR, THE MORE JUNIOR
CONTRACTORS, WE'RE NOT. WE'RE
NOT DOING IT WITH THE SENIOR
ONES AT THIS AT THIS POINT,
SOMETHING THAT WE POINT OUT AS A
AS A WEAKNESS RIGHT NOW, IF I
COULD JUST ADD ONE THING ON
THAT, UM YOU KNOW, OUR WATER
RIGHTS SYSTEM IS BASED ON
SENIORITY OF RIGHT WITH REPAIR.
IAN'S AT THE TOP, FOLLOWED BY
THE SENIOR MOST APPROPRIATORS.
THOSE RIGHTS WERE ESTABLISHED AS
AS MEDICARE, YOU SAID AT THE
OUTSET IN THE LATE 19TH AND
EARLY 20TH CENTURIES, UM IT'S
NOT AT ALL CLEAR THAT THAT
ALLOCATION OF WATER WITH THOSE
MOST SENIOR RIGHTS COMPORTS WITH
WHAT THE NEEDS OF SOCIETY OR
TODAY NOW THERE ARE OTHER
PRIORITIES. THERE'S SOME
STATUTORY PRIORITIES THAT FIRST
DOMESTIC USE THAT CREATE A HUMAN
RIGHT TO WATER AND THEIR
REGULATORY PRIORITIES. WATER
QUALITY STANDARDS, ENDANGERED
SPECIES REQUIREMENTS, THE PUBLIC
TRUST DOCTRINE, BUT I THINK IT'S
A VERY GOOD QUESTION FOR THE
COMMITTEE TO ASK, OR AT LEAST
KEEP IN THE BACK OF YOUR MIND IS
DO WE HAVE AN ALLOCATION THAT
MAKES SENSE AND COMPORTS WITH
THE REALITIES OF THE EARLY 20TH
SENATE 21ST AND MOVING INTO THE
MIDDLE OF THE 21ST CENTURY?
THANK YOU. AND I JUST WANT TO
END IT ADDING EQUITY LENS TO
THAT, UM, FOR THOSE THAT ARE NEW
TO THE COMMITTEE. WE DID A
HEARING LAST YEAR ON NATIVE
AMERICAN. TRIBES AND ACCESS TO
WATER AND GIVEN OUR HISTORY AND
WHEN THIS WAS ALL CREATED PRE
1914. OUR NATIVE AMERICANS ARE
NOT DESPITE THE FACT THAT THEY
WERE THE FIRST PEOPLE ON THE
LAND OUR SENIOR WATER RIGHTS
HOLDERS, RIGHT AND SO, UM THEY
ARE GETTING THEIR WATER IN
DIFFERENT WAYS AND ADJUDICATIONS
AND THE LIKE. BUT UM, WHICH TAKE
DECADES AND MANY CAME TO US AND
TOLD US THEY HAVE NO ACCESS TO
CLEAN DRINKING WATER, AND THAT'S
JUST ONE EXAMPLE OF AN
UNDERREPRESENTED COMMUNITY THAT
THIS WATER RIGHTS SYSTEM. DOES
NOT TAKE CARE OF RIGHT? AND SO
WE TALKED ABOUT JUNIOR WATER
RIGHTS HOLDERS AND OTHERS NOT
HAVING ACCESS TO WATER. WE NEED
TO MAKE SURE THAT WE'RE THINKING
ABOUT WHAT THAT MEANS. GIVEN THE
DYNAMICS, PRE 1914 AND TODAY. WE
HAVE NO OTHER QUESTIONS WILL
MOVE ON TO THE NEXT PANEL SEEING
AND HEARING NONE. THANK YOU BOTH
SO MUCH REGARD TIME AND
EXPERTISE. WE REALLY APPRECIATE
IT. THANK YOU. UM SO WE'RE GONNA
MOVE TO PANEL TO HOW WE
MODERNIZE WATER RIGHTS
ADMINISTRATION ON THIS PANEL.
WE'RE GOING TO HAVE ERIC TACTILE
, DEPUTY DIRECTOR OF THE
DIVISION OF WATER RIGHTS AT THE
STATE WATER RESOURCES CONTROL
BOARD, AND EVEN WEST DIRECTOR
OFFICE OF ENFORCEMENT OF THE
STATE WATER RESOURCES CONTROL
BOARD, AND THEY'RE BOTH HERE IN
PERSON. WELCOME. I DON'T KNOW IF
YOU HAVE IT. GOOD MORNING. YOU
GUYS CAN DECIDE WHO GOES FIRST.
GOOD MORNING, SO MICROPHONE ON.
SOUNDS LIKE IT. YES GREAT. THANK
YOU. THANK YOU. CHAIR AND
MEMBERS OF THE COMMITTEE. MY
NAME'S ERIC EXILE AND THE DEPUTY
DIRECTOR FOR THE DIVISION OF
WATER RIGHTS AT THE STATE WATER
RESOURCES CONTROL BOARD. I'M
JOINED TODAY WITH BIÂU VON WEST
. OUR DIRECTOR OF THE OFFICE OF
ENFORCEMENT. WE'RE GONNA RUN
THROUGH A VERY HIGH LEVEL
OVERVIEW OF KIND OF WHAT WE'VE
BEEN DOING SO FAR TO MODERNIZE
WATER RIGHTS WITHIN THE
CONSTRUCTS IN KIND OF
AUTHORITIES THAT WE ALREADY HAVE
BEEN GO TO THE NEXT SLIDE,
PLEASE. SO I THINK IT'S WORTH
MAYBE TAKING A QUICK SECOND TO
SAY, WHAT DO WE MEAN BY WATER
RIGHTS MODERNIZATION. A LOT OF
TIMES WE PUT THAT WORD OUT THERE
AND THEN IMMEDIATELY WE GET A
BUNCH OF EITHER PRESS OR BLOG
POST OR SOMETHING THAT YOU KNOW
KIND OF EXPRESS A LOT OF ALARM
AND CONCERN. WHAT WE'RE TALKING
ABOUT IS UPDATING THE SYSTEM
CREATED OVER 100 YEARS AGO IN
THE WATER COMMISSION ACT AND NOT
LOOKING AT WHOLE SCALE REFORM,
BUT PROVIDING ADDITIONAL
TECHNICAL TOOLS, ADDITIONAL
TECHNICAL RESOURCES STAFFING
RESOURCES SO THAT WE CAN WORK
WITHIN THE EXISTING SYSTEM THAT
WE HAVE TO MAKE SURE THAT OUR
WATER RIGHTS SYSTEM DOES, IN
FACT, WORK LIKE IT'S SUPPOSED
TO. AND SO, REALLY, WE'RE
LOOKING AT RE INVESTING AND
MAKING SURE THAT WE CAN ACTUALLY
DO WHAT THE WATER CODE ALREADY
SAYS. WE CAN DO AND MAKING SURE
WE CAN DO IT AS EFFICIENTLY AND
EFFECTIVELY AS POSSIBLE. AH SO
THE SUBSEQUENT BULLETS ARE
WORKING WITHIN THE EXISTING
SYSTEM AND LOOKING AT HOW THAT
EXISTING SYSTEM DICTATES THE
LEGAL FRAMEWORK THAT WE HAVE TO
WORK WITHIN. THERE'S A STATEMENT
AT THE BOTTOM OF THEIR TIMELY
AND ACCURATE DATA IMPACTS. HOW
WE PLAN FOR RESILIENT FUTURE AND
THAT'S GOING TO BE A COMMON
THEME THAT I'LL COME BACK TO IS
DATA AND ACCURATE DATA AND
TIMELY DATA. AND THAT'S REALLY
THE KIND OF KEY FOR WHAT WE MEAN
BY MODERNIZATION, ALTHOUGH IT'S
PROBABLY THE LEAST EXCITING WAY
TO GO ABOUT TALKING ABOUT
SOMETHING. LET'S DOUBLE DOWN ON
ACCOUNTING IS NOT REALLY A GREAT
SELLING POINT, BUT THAT'S KIND
OF WHAT WE'RE FOCUSING ON. NEXT
SLIDE, PLEASE. IT'S ALSO
PROBABLY WORTH IT TO TAKE A
QUICK MOMENT TO TALK ABOUT THE
TYPES OF WATER RIGHTS. THIS IS
AGAIN A VERY SIMPLIFYING SLIDE
BUT REPRESENTS THE VERY
COMPLICATED NATURE OF CALIFORNIA
WATER RIGHTS. WE HAVE POST 1914
APPROPRIATE OF RIGHTS. FOR
REFERENCE. THOSE ARE THE ONLY
TYPES THAT THE BOARD HAS DIRECT
PERMITTING AND REGULATORY
AUTHORITY OVER UNDER MOST
CIRCUMSTANCES, SO PRE 14
APPROPRIATE, IVO OVERLYING
GROUNDWATER RIPARIAN,
PRESCRIPTIVE, ADJUDICATED,
FEDERALLY RESERVED PUEBLO. WE
GENERALLY DON'T ACTUALLY HAVE
MUCH AUTHORITY OVER THOSE. THERE
ARE CIRCUMSTANCES DROUGHT
EMERGENCIES WHEN, UH CERTAIN
LEVELS OF AUTHORITY CAN BE
APPLIED OR NOT. ROUGHLY 45% OF
THE STATE'S WATER RIGHTS BY
NUMBER FALL INTO THE PRE 1914
APPROPRIATE AND RIPARIAN
CATEGORY, UH, ABOUT 30 TO 35% BY
VOLUME. ANOTHER NOTE. IT'S ONLY
THE POST 1914 APPROPRIATE OF
RIGHTS THAT PAY WATER RIGHT FEES
PRE 1914 AND REPAIRING DO NOT
NEXT SLIDE, PLEASE. SO WHAT ARE
WE DOING NOW? SPECIFIC TO KIND
OF THIS, YOU'RE DOUBLING DOWN ON
ACCOUNTING. UH THE BOARD IN 2021
WORKING WITH THE LEGISLATURE AND
THE ADMINISTRATION RECEIVED
ABOUT $30 MILLION TO REINVEST IN
OUR WATER RIGHTS DATA MANAGEMENT
SYSTEM. WE ARE DEVELOPING A
PROJECT CALLED UPDATING WATER
RIGHTS DATA FOR CALIFORNIA OR
UPWARD, CALIFORNIA. LOOKING AT
REPLACING THAT YOU'RE KIND OF
OLD AND OUTDATED SYSTEM,
DIGITIZING OUR PAPER DOCUMENTS
WERE STILL A PAPER BASED SYSTEM.
I AND THERE'S ABOUT SEVEN
MILLION PAGES OF RECORDS. THE
ONLY WAY YOU CAN ACCESS THEM IS
TO COME TO THE KELLY, PA
BUILDING. GO TO OUR FILE ROOM.
WE HAVE SOME GIANT ROLLER DEX
MACHINES ARE PRETTY FANTASTIC TO
LOOK AT AMAZING IN MANY WAYS,
BUT IT'S AN OLD, OUTDATED
SYSTEM. IT REALLY ADDS TO THIS
EQUITY ISSUE. HOW EASILY CAN
ANYBODY WHETHER YOUR WATER RIGHT
HOLDER OR INTERESTED MEMBER OF
THE PUBLIC ACCESS TO THOSE
RECORDS AND ACTUALLY GET TO THEM
SO THE START OF THE UPWARD
PROCESS WILL START DIGITIZING. I
THINK THERE'S AN ADDITIONAL
BUDGET REQUEST TO CONTINUE THAT
PROCESS. BUT LOOKING AT HOW WE
ALSO DO ELECTRONIC CONTENT
MANAGEMENT, UH, MOVING TO KIND
OF A MAP BASED OR G, I S OR
GEOSPATIAL DRIVEN SYSTEMS SO
THAT YOU CAN CLICK ON A POINT
AND SAY, HERE'S THE WATER RIGHT
HERE IS THE DATA ASSOCIATED WITH
IT. HERE'S THE DIVERSION DATA.
THESE ARE ALL THINGS WE CAN'T DO
RIGHT NOW. I ADDITIONAL
RESOURCES WERE HIGHLIGHTED IN
THE WATER SUPPLY STRATEGY
RELEASED IN AUGUST OF 2022.
WHICH REALLY IDENTIFIED AREAS TO
MODERNIZE IN CALIFORNIA'S WATER
RIGHTS SYSTEM, LOOKING AT
DROUGHT PLANNING, INVESTING IN
OUR SUPPLY AND DEMAND ASSESSMENT
TOOLS, LOOKING AT THE TOOLS THAT
WE USED IN THE RUSSIAN RIVER,
SPECIFICALLY TO KIND OF IDENTIFY
WHO SHOULD BE CURTAILED, LOOKING
AT WATER AVAILABILITY AND
DEMAND. AYE. LOOKING AT
TELEMETRY, RESEARCH AND FUNDING
FOR A PILOT PROJECT TO LOOK AT
HOW TELEMETRY COULD WORK AND
PROVIDE US THAT BETTER AND MORE
REAL TIME DATA AND THEN
INCREASED ENFORCEMENT. AND SO WE
DID SEE BETWEEN THE JULY AND
AUGUST PORTIONS OF THE BUDGET
LAST YEAR. SPECIFIC ALLOCATIONS
FOR EACH ONE OF THOSE BULLET
POINTS GOING FORWARD, AND SO
THOSE ARE THINGS THAT ARE
ACTIVELY UNDERWAY AND WE ARE
WORKING ON NOW. NEXT SLIDE,
PLEASE. SO WHAT DOES THIS GET US
GET US BETTER DATA, BUT THOSE
BETTER DATA POINTS LEAD TO
BETTER DECISIONS. WE CAN DO KIND
OF MORE REAL TIME DATA DRIVEN
DECISIONS, ESPECIALLY DURING
DROUGHT, ESPECIALLY DURING TIMES
OF HIGH FLOW AS WELL. AND IT'S
REALLY THAT DATA THAT'S KEY TO
PLANNING AND MANAGING AND
PROVIDING THAT ACCESS TO
EVERYBODY. IT ALSO LEADS TO
INNOVATIVE LOCAL SOLUTIONS WILL
HEAR FROM THE RUSSIAN RIVER
FLOOD CONTROL DISTRICT. I THINK
LATER IN THE PANEL THIS MORNING
BUT I HAVE ONE MORE SLIDE ON IT
IN A BIT, AND IT ALLOWS THE
DEVELOPMENT OF LOCAL YOU KNOW,
KIND OF INNOVATIVE APPROACHES
THAT OTHERWISE WOULDN'T BE AN
OPTION. NEXT SLIDE, PLEASE. SO
THERE'S A COMPLICATED TABLE, BUT
I WANTED TO POINT OUT KIND OF
WHY THIS IS NECESSARY AND WE
HAVE. TWO WATERSHEDS THE SAN
JOAQUIN RIVER IN THE SACRAMENTO
RIVER. AND WE LOOK AT THE NUMBER
OF CLAIMS. WHAT DO I MEAN BY
CLAIM? IT'S A RIPARIAN OR PRE
1914, RIGHT. WE DON'T ACTUALLY
HAVE THE AUTHORITY TO VERIFY
WHETHER THOSE CLAIMS ARE REAL OR
NOT. SO WE CALL THEM CLAIMS AND
IN 2018 AND 2019. WE HAVE SOME
DIVERSION DATA THAT WAS REPORTED
BY JUST THE LARGEST EVER. SO
THERE'S ABOUT 2600 PRE 14
REPAIRING IN TOTAL. DIVERSIONS
RATHER CLAIMS IN THE CENTRAL
KEEN ABOUT 4000 IN THE
SACRAMENTO WE JUST LOOK AT THE
SUBSET OF THOSE THE LARGEST
AMOUNT LOOK AT THE SACRAMENTO
RIVER IN 2019 SPECIFICALLY. THE
USER REPORTED DIVERSION DATA
REPORTED 29 MILLION ACRE FEET OF
DIVERSIONS. WELL THAT MATH JUST
DOESN'T WORK. THERE WASN'T 29
MILLION ACRE FEET OF FLOW OUT OF
THE SACRAMENTO AND PROBABLY ALL
OF 2020 21. MAYBE 22 COMBINED.
SO WHAT WENT ON WHAT WAS
ACTUALLY HAPPENING WELL, WHEN WE
GO IN AND KIND OF TAKE A LOOK AT
THE DATA, IT'S FULL OF ERRORS,
AND ALMOST OF THOSE AREAS ARE
PROBABLY NOT INTENTIONAL. IT'S A
LITTLE THING LIKE MISSING A
DECIMAL POINT. SO INSTEAD OF
1000, ACRE FEET, YOU REPORT
10,000 ACRE FEET. THE BIGGER ONE
IS GALLONS VERSUS ACRE FEET. SO
ONE ACRE FOOT IS ABOUT 325,000
GALLONS. WELL IMAGINE IF YOU
REPORT THAT AN ACRE FEET INSTEAD
. AND PRETTY SOON YOU'RE OFF BY
A VERY SUBSTANTIAL AMOUNT. SO
WHEN STAFF ACTUALLY GO IN AND
LOOK AT IT WAS PROBABLY CLOSER
TO FOUR MILLION ACRE FEET OF
DIVERSIONS IN 2019. OR, YOU
KNOW, A FACTOR OF WELL, THEY
WERE OFF BY 86% SO THESE ARE
ISSUES THAT REPEAT YEAR AFTER
YEAR AFTER YEAR. AND IT MAKES IT
VERY DIFFICULT TO ACTUALLY GO IN
AND FIGURE OUT WHO'S USING
WATER. ACCURATELY WHERE IS IT
BEING USED? WHEN IS IT BEING
USED? YET THAT'S KIND OF THE KEY
COMPONENT OF CALIFORNIA'S WATER
RIGHTS SYSTEM. WE HAVE TO HAVE A
BETTER UNDERSTANDING OF WHEN
IT'S BEING USED WHERE IT'S BEING
USED, ESPECIALLY IF WE HAD INTO
AN ERA OF CLIMATE CHANGE WITH
DRIER, DRIES AND WET OR WET AND
SO BY INVESTING IN THE DATA
SYSTEM, WE'RE HOPING TO GET
BETTER. QA QC QUALITY ASSURANCE
PROTOCOLS THAT KIND OF PROHIBIT
SOME OF THESE JUST COMMON
ERRORS, BUT IT WILL LEAD TO A
SUBSTANTIAL REDUCTION IN STAFF.
TIME TO GO BACK IN AND CLEAN UP
THIS DATA AND JUST FIX IT OVER
TIME WILL TAKE A COUPLE OF
YEARS. BUT THAT'S ONE OF THE
KIND OF LOW HANGING FRUIT SO
THAT WE CAN GO AFTER, AND I
THINK BECOME MUCH MORE EFFICIENT
, MUCH MORE QUICKLY WHEN THE
SYSTEMS IN PLACE NEXT SLIDE,
PLEASE. WHAT DOES THIS LOOK
LIKE? IN PRACTICE WHEN WE ARE
ABLE TO INVEST THE TIME AND THE
STAFF UH HUH. AND PULL TOGETHER
ACCURATE DATA AND WORK WITH
STAKEHOLDERS AND DIVERS AT THE
LOCAL LEVEL, WE CAN DO
INNOVATIVE AND FLEXIBLE THINGS
AND IN THE RUSSIAN RIVER, WE DID
ALLOCATE A COUPLE OF YEARS WORTH
OF STAFF TIME. UH AND DEVELOPED
IN COOPERATION WITH DIVERTER IS
AT THE LOCAL LEVEL AND JUST BE
VERY CLEAR THIS WOULD NOT HAVE
HAPPENED WITHOUT THE LOCAL
COOPERATION AND INVESTMENT BY
THEIR STAFF AND TÌM. COME UP
WITH A VOLUNTARY WATER SHARING
PROGRAM THAT EFFECTIVELY
FORESTALLED CURTAILMENTS BECAUSE
USERS WERE ABLE TO DIVERT AND
SHARE AMONGST THEMSELVES AND
FIGURE OUT HOW TO DO THAT,
ACCOUNTING AMONGST THEMSELVES.
NEXT SLIDE, PLEASE. SO WHAT'S
NEXT? I KNOW WE'RE WORKING ON
THE DATA. WE'RE WORKING ON THE
ACCOUNTING. I THINK WE DO NEED
TO RECOGNIZE THAT EXISTING
PROCESSES TAKE A LONG TIME.
THERE'S A LOT OF DUE PROCESS.
THERE'S A LOT OF JUST STEPS THAT
ARE INHERENTLY REQUIRED. AH WE
ALSO HAVE TO RESPOND TO WORKLOAD
AS IT COMES UP. SO YOU KNOW,
WE'VE BEEN IN A DROUGHT
EMERGENCY FOR A COUPLE OF YEARS
WE HAD TO REDIRECT ABOUT 85% OF
THE DIVISION TO EMERGENCY
DROUGHT RESPONSE AND THAT WAS
CRITICAL WORK, AND IT WAS
IMPORTANT TO DO SO. BUT IT DOES
MEAN THAT OTHER THINGS ARE
PAUSED OR STOPPED DURING THAT
TIME. AYE. THE THIRD BULLET YOU
KNOW, GETS TO. I THINK SOME OF
WHAT WE HEARD FROM THE PREVIOUS
PRESENTERS AND SOME OF THE
QUESTIONS THAT FOLLOWED. MOST
WATER OUTSIDE OF FLOOD FLOWS IS
PROBABLY SPOKEN FOR OR ALLOCATED
IN SOME RESPECT. IT'S A VERY,
VERY COMPLICATED TO FIGURE THAT
OUT, ESPECIALLY WHEN YOU'RE
DEALING WITH DATA SETS THAT ARE
NOT ROBUST, ER ACCURATE AND YOU
HAVE TO SPEND A LOT OF TIME
GOING BACK IN AND LOOKING AT
WHAT IS THE ACTUAL DEMAND
POTENTIAL WATER RIGHT?
APPLICANTS HAVE TO DO THE SAME
THING, SO IT AFFECTS THEIR
TIMELINES AS WELL. AND IF WE DO
LOOK AT DIFFERENT APPROACHES IF
THERE IS A REQUEST TO LOOK AT
MORE STRUCTURAL CHANGES TO HOW
WE OPERATE THE SYSTEM. THAT'S
GOING TO REQUIRE MORE STRUCTURAL
CHANGES TO EXISTING LAWS AND
REGULATIONS, AND THAT WILL COME
WITH POTENTIAL IMPACTS TO DIVERT
HERS IN THE ENVIRONMENT COULD BE
POSITIVE IMPACTS COULD BE
NEGATIVE IMPACTS DEPENDS ON WHAT
THE SCOPE AND SCALE OF THOSE
STRUCTURAL CHANGES ARE. AND WITH
THAT ALTERNATE OVER TO MY
COLLEAGUE TO TALK ABOUT
ENFORCEMENT. GOOD MORNING, MADAM
CHAIR MEMBERS OF THE COMMITTEE.
THANK YOU. MY NAME IS YVONNE
WEST. I'M THE DIRECTOR OF THE
OFFICE OF ENFORCEMENT AT THE
STATE WATER RESOURCES CONTROL
BOARD. GO TO THE NEXT SLIDE,
PLEASE. IN LOOKING AT AND
DETERMINING HOW TO MODERNIZE OUR
ENFORCEMENT PROGRAM TO PROTECT
OUR WATER RIGHTS SYSTEM. IT'S
IMPORTANT TO LOOK AT HOW OUR
SYSTEM OPERATES IN TIMES OF
SCARCITY WHEN WE'RE TALKING
ABOUT DEALING WITH OUR FUTURE
CLIMATE FLUCTUATIONS AND
DIFFICULTIES. SO IN LOOKING AT
THE 2021 2022 DROUGHT RESPONSE
UNDER THE GOVERNOR'S EMERGENCY
JOB PROCLAMATION. STATE WATER
BOARD ADOPTED FOR EMERGENCY
REGULATIONS AND THESE EMERGENCY
REGULATIONS AUTHORIZED THE
ISSUANCE OF A NUMBER OF ORDERS
TO PROTECT STREAM FLOWS, UM, IN
KEY WATERSHEDS TO CURTAIL WATER
DIVERSIONS AND USE IN THE ORDER
OF THE WATER RIGHT PRIORITY. AND
PROVIDED AUTHORIZATION TO ISSUE
ORDERS SEEKING ADDITIONAL
INFORMATION RELEVANT TO
DETERMINE COMPLIANCE WITH THOSE
EMERGENCY CURTAILMENT ORDERS.
NEXT SLIDE, PLEASE. SO IN
ENSURING COMPLIANCE WITH THE
EMERGENCY CURTAILMENT ORDERS.
THERE WAS AN UNPRECEDENTED LEVEL
OF ENFORCEMENT AND FIELD
PRESENCE. THE DIVISION CONDUCTED
INSPECTIONS REQUIRED ENHANCED
REPORTING AND CONDUCT
ENFORCEMENT WHEN APPROPRIATE IN
THESE WATERSHEDS. THE DIVISION
HAS A VARIETY OF TOOLS AT ITS
DISPOSAL AND WHEN IT HAS TO
RESPOND TO A VIOLATION OF YOU
CAN GO TO THE NEXT SLIDE,
PLEASE. THE IN RESPONDING TO A
VIOLATION. THE DIVISION HAS
CURRENT AUTHORITY TO ISSUE
SEASON DESIST ORDERS FOR
VIOLATIONS ARE THREATENED
VIOLATIONS OF PERMANENT LICENSE
TERMS, UNAUTHORIZED DIVERSIONS
OR REGULATIONS SUCH AS THE
EMERGENCY REGULATIONS. I JUST
REFERENCED UM, UNFORTUNATELY,
THESE SEASON DESIST ORDERS ARE
NOT FINAL. STATUTORILY ARE NOT
FINAL UNTIL 20 DAYS HAS LAPSED
TO AN OPPORTUNITY TO REQUEST A
HEARING. IF THAT HEARING ISN'T
REQUESTED, THE ORDER BECOMES
FINAL OR IF A HEARING IS
REQUESTED, THERE'S A NEED TO
HOLD A HEARING AND ISSUED A
FINAL ORDER IN IT. AT THAT
POINT, THE SEASON DESIST ORDER
BECOMES FINAL AND ENFORCEABLE.
THE DIVISION ALSO HAS
ADMINISTRATIVE CIVIL LIABILITY
AUTHORITY FOR A NUMBER OF
DIFFERENT TYPES OF VIOLATIONS
AGAIN, INCLUDING UNAUTHORIZED
DIVERSIONS. FAILURE TO FILE
STATEMENTS A LACK OF RESPONSE TO
THOSE INFORMATION ORDERS. UM
THESE VIOLATIONS CAN VARY IN
BOTH PROCESS IN IMPOSING THE
PENALTIES AND THE POTENTIAL
PENALTY. THEY CAN BURY IT FOR
HIM ANYWHERE FROM $500 TODAY TO
$10,000 PER DAY, AND THEN SOME
OF THOSE VIOLATIONS IN BETWEEN,
EVEN HAVE SOME VOLUMETRIC
PENALTIES THAT IN TIMES OF UNDER
SPECIFIC HYDROLOGICAL CONDITIONS
AND IN TIMES OF DROUGHT. UM
ANOTHER OF ITS TOOLS THAT WE
HAVE IN THE TOOLBOXES
INFORMATION ORDERS AND THIS WAS
SOMETHING THAT I REFERENCED
EARLIER WAS RELIED ON AND THOSE
FOUR WATERSHEDS TO REQUIRE
ENHANCED REPORTING OUR AUTHORITY
TO ISSUE THOSE ORDERS IS
EXPLICITLY CONTAINED WITHIN THE
EMERGENCY REGULATIONS. THAT WERE
ADOPTED BY THE BOARD AND THEN A
TOOL THAT WE DON'T HAVE. UM
CURRENTLY IS AN INTERIM INTERIM
RELIEF. IMMEDIATE INTERIM RELIEF
. THE STATE BOARD CANNOT
ADMINISTRATIVELY ISSUE. UM
SOMETHING SIMILAR TO A TEMPORARY
RESTRAINING ORDER OR PRELIMINARY
INJUNCTION. SO WITH THESE TOOLS
, THE DIVISION IN THOSE FOUR
WATERSHEDS USING THESE TOOLS WAS
REALLY SUCCESSFUL IN THIS
DROUGHT RESPONSE AND SEEING SOME
ON THE GROUND, UM, BENEFITS FOR
THOSE WATERSHEDS, SOME REAL REAL
FLOW IMPROVEMENTS IN CERTAIN
AREAS, UM, AND DID MADE DID
OBTAIN SOME SIGNIFICANT
COMPLIANCE WITH REQUESTS FOR
INFORMATION. UM, VERIFICATION OF
CURTAILMENT. THINGS ALONG THOSE
LINES. HOWEVER THERE WERE
CHALLENGES. UM EVEN WITH THESE
TOOLS, WE WERE FACED WITH MANY
CHALLENGES DURING THE MOST
RECENT DROUGHT, AND IF WE GO TO
THE NEXT SLIDE ONE OF THOSE
CHALLENGES. UM IS REALLY
ILLUSTRATED BY THE SITUATION WE
HAD WITH THE SHASTA RIVER WATER
ASSOCIATION THIS LAST SUMMER. SO
IF YOU LOOK AT THIS CHART THIS
BLACK LINE ON THIS CHART SHOWS
THE MINIMUM IN STREAM FLOW
REQUIREMENTS THAT WERE IMPOSED
ON THE SHASTA RIVER. THIS IS A
50. CF S LEVEL OF MINIMUM FLOW.
IT WAS INTENDED TO PROTECT BOTH
FALL RUNS AND EXAMINE AND
THREATENED COHO SALMON. UM WHEN
THE FLOWS IN THE RIVER DROPPED
BELOW THIS 50 CFS DIVERSIONS
WERE CURTAILED BASED ON THEIR
ORDER OF PRIORITY. THE SHASTA
RIVER WATER ASSOCIATION WAS
ISSUED A CURTAILMENT ORDER. AND
IF YOU'LL SEE ON THIS CHART,
IT'S HARD FOR ME. I WISH I HAD A
POINTER. I DON'T BUT WHEN YOU
SEE THAT STEEP DROP IN THE RED
LINE, THAT'S THERE'S A RIVER
FLOWS, AND THAT'S STEEP DROP
OCCURRED ON THE EVENING OF
AUGUST 17TH. YEAH IT STARTED. UM
. WHEN THAT DROPS STARTED, THE
DIVISION OF WATER RIGHTS STAFF
INSPECTED THE VERY NEXT DAY, THE
18TH. THEY ISSUED THE SHASTA
RIVER WATER ASSOCIATION AND
NOTICE OF VIOLATION ON THE 19TH.
THEY ISSUED A CEASE A DRAFT
SEASON DESIST ORDER. UM UPON
ISSUANCE OF THAT DRAFT SEASON
DESIST ORDER, SHASTA RIVER
WATERSHED ASSOCIATION HAD 20
DAYS IN WHICH TO REQUEST A
HEARING. UM, DURING THE FIRST
EIGHT DAYS IS HIS WHERE YOU SEE
ALL THOSE DIVERSIONS AND THAT
REALLY LOW RIVER FLOW THERE. IT
DROPPED THE RIVER DOWN, AND FOR
EIGHT DAYS THEY FILLED THEIR
MEMBERS PONDS. UM ON AUGUST 24TH
. THEY CEASE THEIR DIVERSIONS
AND YOU SEE THAT THE RIVER
REBOUNDING BACK UP TO THAT 50
CSF LEVEL. EVENTUALLY THE SEASON
DESIST ORDER WAS ISSUED ON
SEPTEMBER 12TH AFTER THE 20 DAY
. THAT WAS THE DAY AFTER THE 20
DAYS FOR THE REQUESTING HEARING
LAPSED WITHOUT A REQUEST FOR
HEARING. UM SUBSEQUENTLY IN A CL
COMPLAINT WAS ISSUED FOR MAXIMUM
LIVES, MAXIMUM STATUTORY
LIABILITY AMOUNT OF $4000 WHICH
UM, WAS FINALIZED AND PAID AT
THIS POINT. SO HERE YOU CAN SEE
THE MAXIMUM TOTAL PENALTY THAT
THE STATE BOARD COULD IMPOSE FOR
THESE VIOLATIONS. THESE
INTENTIONAL VIOLATIONS OF THE
CURTAILMENT REGULATIONS WAS
CLEARLY NOT A DETERRENT. UM IN
FACT, IN THE FALL OF 2022, THE
SHASTA SCOTT RIVER WATERSHED HAD
44 ONGOING COMPLAINTS RELATED TO
UNLAWFUL DIVERSION OF WATER. UM
AND THE PUBLIC COMPLAINTS IN
THIS WATERSHED ALONE ACCOUNTED
FOR 25% OF OUR WATER RIGHTS
COMPLAINTS STATEWIDE. SO JUST
TURNING WITH THAT, UM YOU KNOW,
I JUST WANT TO EMPHASIZE THE
DIVISION IS WORKED VERY HARD, A
LOT OF GREAT EFFORTS AND A LOT
OF GREAT FIELD PRESENCE AND WE
DID OBTAIN A LOT OF GOOD
COMPLIANCE. BUT MOVING TO THE
NEXT SLIDE. WE SAW THE SHASTA
RIVER WATER ASSOCIATION. CAN I
GET THE NEXT SLIDE? PLEASE?
REALLY, UM, WAS ONE INCIDENT,
BUT IT DEMONSTRATED A LOT OF THE
ENFORCEMENT CHALLENGES THAT WE
FACE. ADDITIONAL CHALLENGES THAT
WE FACE INCLUDE THE FACT THAT
INVESTIGATION AND ENFORCEMENT IS
VERY TIME INTENSIVE, VERY LABOR
INTENSIVE, VERY RESOURCE
INTENSIVE IN IN AS WE ARE
TALKING ABOUT, AND INCREASED
SYSTEM FOR NEED FOR FLEXIBILITY
AND RESPONSE. UM THERE ARE A LOT
OF PROCEDURES AND PROCESSES THAT
MAKE THAT VERY DIFFICULT. OUR
FIELD PRESENCE ALONE IS NOT
ENOUGH TO PREVENT VIOLATIONS ARE
INSPECTIONS ARE CONDUCTED ON
CONSENT, AND NOT EVERY DIVERSION
CAN BE INSPECTED. WE SAW SOME
REALLY HIGH DIVERSION NUMBERS ON
MY PREVIOUS SLIDE IN THOSE IN
THOSE KEY WATERSHEDS, BUT
THEY'RE REALLY YOU KNOW, WE HIT
A SIGNIFICANT NUMBER OF POINTS
OF DIVERSION, AND IT'S
SIGNIFICANT. MILLIONS OF ACRES
THAT REPRESENT A SIGNIFICANT
MILLIONS OF ACRES OF FEET OF
WATER RATES IN THOSE SYSTEMS,
BUT THERE ARE STILL MANY THAT WE
WERE UNABLE TO VISIT AND TO
VERIFY COMPLIANCE. SO WE REALLY
RELY ON THE DATA WE REALLY RELY
ON THAT ENHANCED REPORTING. IT'S
REALLY IMPORTANT TO VERIFY
COMPLIANCE. UM AND AS WE'VE SEEN
, ANOTHER CHALLENGE IS THAT
SOMETIMES THE ECONOMIC BENEFIT
OF NONCOMPLIANCE IS SIGNIFICANT
AND IT MAKES IT VERY DIFFICULT
TO DISINCENTIVIZE AND PREVENT
INTENTIONAL VIOLATIONS. UM IN
SQUARE CITY SITUATIONS LIKE WE
HAD IN 2021. THERE WAS A NEED
FOR IMMEDIATE COMPLIANCE AND
TIMELY ENFORCEMENT AND OUR
CURRENT SEASON TWO SISTER
ALREADY AUTHORITY COMPOSES
PROCEDURAL CHALLENGES THAT
SOMETIMES PREVENT, UM,
NECESSARILY TIMELY, TIMELY
ENFORCEMENT. AND THEN, LASTLY,
SOMETHING WE'VE HEARD THROUGH
SOME OF THE OTHER TESTIMONY HERE
TODAY, UM THERE'S A LOT OF
UNNECESSARY UNCERTAINTIES
SURROUNDING BOTH WHAT WATER
RIGHTS ARE BEING CLAIMED AND
WHAT THE STATE WATER BOARD'S
JURISDICTION AND AUTHORITY IS.
THOSE LEGAL UNCERTAINTIES DO
PROVIDE SOME ADDITIONAL
INCENTIVE TO TAKE WATER NOW AND
SEEK FORGIVENESS OR CHALLENGE
ENFORCEMENT LATER. UM EVEN WITH
ALL OF THOSE CHALLENGES, I DO
WANT TO SAY THAT IN MODERNIZING
THE WATER RIGHTS SYSTEM, UM, THE
STATE BOARD IN MODERNIZING
ENFORCEMENT SYSTEM IS WORKING
HARD WITHIN THE PARAMETERS OF
OUR EXISTING AUTHORITY TO FIND
CREATIVE WAYS AND EFFICIENT WAYS
TO OVERCOME OR AT LEAST MINIMIZE
THESE CHALLENGES SO THAT WE CAN
BRING ENFORCEMENT AND OBTAINED
ADEQUATE AND TIMELY ENFORCEMENT
TO MAINTAIN THE INTEGRITY OF THE
WATER RIGHTS SYSTEM TO PROTECT
OUR EXISTING WATER RIGHT HOLDERS
AND ARE OUR NATURAL RESOURCES.
UM. IT IS A CHALLENGE, AND I
DON'T WANT TO BE OVERLY NEGATIVE
, BUT A LOT OF THE THINGS THAT
ERIC, MY COLLEAGUE, ERIC POINTED
OUT ALL OF THE DATA INITIATIVES
IN THE OTHER WORK THAT WE'RE
DOING ALL PLAY INTO AND WILL
HELP US MINIMIZE THESE
CHALLENGES. SO THANK YOU. THANK
YOU BOTH. AND I'M AS A FORMER
REGULATORY LEARN A LITTLE BIT OF
AN ENFORCEMENT GEEK. SO I
APPRECIATE YOUR WORK. I THINK WE
LIKE TO PUT LAWS ON THE BOOKS,
BUT WE ALSO NEED TO ENFORCE
THEM. SO APPRECIATE THAT ANYONE
HAVE ANY QUESTIONS? WE'LL START
WITH THE IMPELLER. SO WHEN IT
COMES TO THE WATER RIGHTS, YOU
WERE SAYING THAT SOME ARE JUST
CLAIMED RIGHTS THAT YOU CAN'T
CONFIRM. YEAH THE BRIEFLY MORE
PRE 14 AND RIPARIAN RIGHTS. IT
GOES BACK TO THE KIND OF WATER
LAW ESTABLISHED IN THE WATER
COMMISSION ACT OF 1913. IT WAS
ENACTED IN 1914 AFTER IT WAS
LITIGATED IT ESSENTIALLY, YOU
KNOW, CLARIFIED AND STATED THAT
RIGHT PARENTS IN PRE FOURTEENS
ARE ESSENTIALLY GRANDFATHER DID
AND THEY ARE OUTSIDE THE BOARDS
OF DIRECTORS, REGULATORY PURVIEW
AND OVERSIGHT. AND SO THEY DO
HAVE TO REPORT THEIR DIVERSION
DATA. AND THERE ARE CERTAIN
THINGS THAT THEY DO HAVE TO
COMPLY WITH, BUT THEY DON'T GET
A PERMIT FROM THE STATE WATER
BOARD AND THOSE DIVERSIONS HAVE
NEVER ACTUALLY BEEN VETTED AND
CLAIMED OR VETTED AND VERIFIED,
WHETHER THROUGH AN ADJUDICATIVE
PROCEEDING OR THROUGH THE BOARDS
PERMITTING PROCESS AND SO WE
REFER TO THEM AS CLAIMS BECAUSE
THEY HAVE CLAIMED THAT THEY HAVE
A RIGHT AND THEY'VE FILED SOME
AMOUNT OF PAPERWORK, SO IT'S NOT
LIKE THEY'RE ENTIRELY OUTSIDE
THE PURVIEW OF THE ENTIRE STATES
REGULATORY STRUCTURE, BUT WE
DON'T HAVE THE SAME TYPES OF
OVERSIGHT AUTHORITY. WE DON'T
HAVE TERMS AND CONDITIONS ON
THOSE RIGHTS. THEY'RE LARGELY
ABLE TO DO WHAT THEY CLAIMED
THEY WERE ALWAYS ABLE TO DO. SO
WE DO KNOW WHO THEY ARE.
GENERALLY GENERALLY, AND IT'S
IMPORTANT TO NOTE LIKE WE CAN
PUT THAT ACTUALLY IN A DATABASE
. IT IS IN A DATABASE. SO IF YOU
HAVE A CLAIM YOU'RE SUPPOSED TO
FILE AN INITIAL STATEMENT OF
DIVERSION AND USE WITH THE STATE
WATER BOARD. WE DO HAVE MANY
HUNDREDS OR THOUSANDS OF THESE
STATEWIDE, BUT SOMETHING LIKE A
RIPARIAN. THERE'S NO KIND OF USE
IT OR LOSE IT PROVISIONS SO YOU
COULD HAVE AH PARCEL THAT
TOUCHES THE WATERCOURSE AND HAVE
NEVER DIVERTED WATER. AND
TOMORROW DECIDE THAT YOU'RE
GOING TO USE YOUR RIPARIAN CLAIM
AND START DIVERTING. IN THAT
CASE, WE ACTUALLY DON'T KNOW THE
FULL WORLD OF WHAT COULD BE OUT
THERE AND WE DO BELIEVE THAT
THERE IS SOME AMOUNT OF
STATEMENT FILERS THAT HAVEN'T
FILED PEOPLE THAT SHOULD HAVE
BUT HAVE NOT. ANOTHER QUESTION
TO ON THIS HEARING PROCESS, SO
YOU GIVE THEM A CEASE AND DESIST
NOT FINAL FOR 20 DAYS, AND THEN
THEY COULD REQUEST A HEARING IF
THEY REQUESTED HEARING. HOW SOON
DOES THAT TAKE PLACE? SO THERE'S
NO STATUTORILY REQUIRED TIMING
AND IT IS UP TO THEIR MYSTERY OF
HEARINGS OFFICE TO SCHEDULE
THEM. UM, IF THERE THEY CAN TAKE
ANYWHERE FROM YEAH, A MONTH TO
SIX MONTHS TO SCHEDULE AND HAVE
A HEARING. UM IN AN URGENCY
SITUATION, WE COULD REQUEST A
QUICKER HEARING. UM WE COULD NOT
DO THAT UNTIL AFTER THE 20 DAYS
. UM THEY HAVE 20 DAYS TO
REQUEST THE HEARING. THEN IT
BECOMES FINAL. THAT SOMETIMES
MIGHT BE YOUR QUICKEST ROUTE,
BECAUSE IF THERE'S NOT A
REQUESTED A HEARING, THEN YOUR
DRAFT SEASON JUST THE STORY
BECOMES FINAL. UM THE OTHER
OPTIONS TO TRY TO SCHEDULE A
HEARING QUICKLY, UM AND THEN
HOLD THAT HEARING AND WAIT FOR
YOUR DECISION AND YOUR FINAL
ORDER. AND IN THE MEANTIME,
THEY'RE FILLING THEIR PONDS. IN
THE MEANTIME, THEY'RE FILLING
THEIR PONDS. AT $500 A DAY.
YOU'LL SEE A BILL ON THAT. I
ALREADY INTRODUCED IT. UM SO,
UH, DID YOU HAVE A QUESTION?
SOLUTION TAKING CARE OF IT WITH
YOUR K¾T MEAN JUST THE YOU KNOW,
BACK TO THE POINT OF THE $4000
FINE. UM. ARE THERE IS THERE IS
THIS WHAT YOUR BILL IS
ADDRESSING? MY BILL DOES DISCUSS
FINES. WE WILL HAVE THAT
CONVERSATION. BUT IF YOU HAVE
QUESTIONS ON IT, I MEAN, I JUST
OBVIOUSLY THAT SEEMS
RIDICULOUSLY LOW WHEN YOU'RE
SIPHONING OFF A TON OF WATER.
FOR 20 DAYS. UM SO ARE THERE
RECOMMENDATIONS ABOUT UPDATING
THAT AND CHANGING IT, OR, UM,
AND ALSO, YOU KNOW TO
ASSEMBLYMEMBER'S PELLERIN POINT
OF THE HEARING PROCESS. IS THERE
A WAY THAT THAT NEEDS TO BE KIND
OF UPDATED AND ADJUSTED,
ESPECIALLY CONSIDERING THAT.
RIGHT NOW, YOU KNOW WEIRD. AN
ONGOING DROUGHT BASICALLY IN IN
PRETTY URGENT, UM, NEED ON A
REGULAR BASIS AND NEED TO ACT
MUCH MORE QUICKLY THAN A HEARING
IN SIX MONTHS. WE'RE TALKING
ABOUT WATER DIVERSION. YEAH I
MEAN TO SPEAK TO THE CURRENT
REQUIREMENTS. THE CURRENT
REQUIREMENTS, YOU KNOW, DO HAVE
THAT 20 DAY PERIOD. AS AS THE
ENFORCEMENT STAFF. WE CAN. WE
CAN ASK FOR EXPEDITED HEARINGS.
TAKE SOME TIME. THOSE PENALTIES
DO GO UP ONCE A SEASON JUST HIS
ORDERS IN PLACE. CURRENTLY, THEY
GO UP TO 10,000 PER DAY. UM HERE
CLEARLY UNDER THE CURRENT
AUTHORITY COULDN'T GET THERE TO
PREVENT THE THAT EIGHT DAYS OF
DIVERSION. WE MOVED AS QUICKLY
AS WE COULD UNDER THE EXISTING
STATUTES. UM THERE THERE. WE ARE
EXPLORING HOW TO GET THERE WITH
WITHIN OUR CURRENT STATUTORY
STRUCTURE, UM, IN SEEKING A T, R
O OR OTHERWISE GOING TO THE
ATTORNEY GENERAL'S OFFICE TO TRY
TO GET SOME SORT OF MORE
IMMEDIATE, EXPEDITED RELIEF. IT
JUST REALLY IS. UM A CHALLENGE
RIGHT NOW, UM, AS THINGS ARE
CURRENTLY OUTLINED, WE DO HAVE
SOME AUTHORITIES IF THIS WAS A
DIFFERENT TYPE OF RIGHT OF RIGHT
PERSON, EXERCISING THEIR RIGHTS
IF IT WAS A PERMIT OR A
LICENSEE, POTENTIAL PENALTIES
WOULD HAVE BEEN HIGHER,
ESPECIALLY DURING A DROUGHT
PERIOD. WE COULD HAVE PERHAPS
GOTTEN VOLUMETRIC PENALTIES PER
GALLON, THERE WAS A SIGNIFICANT
AMOUNT OF GALLONS. DIVERTED
DURING THESE EIGHT DAYS IN THIS
CURRENT PERIOD. UM, AGAIN, IT
COMES DOWN TO SOME OF THOSE
DIFFERENT TREATMENT OF DIFFERENT
RIGHTS UNDER THE EXISTING
STATUTES AND WHAT WE CAN AND
CAN'T DO. SO UM, I'LL LEAVE IT
THERE. THANK YOU. AND, UM, I
MEAN, KUDOS TO YOUR DEPARTMENT.
HOW QUICKLY YOU ACTED ON THAT
CHART. I HAVE TO SAY, YOU KNOW,
WE DON'T SEE THAT ALL THE TIME
AND ENFORCEMENT SO THIS WAS A
UNIQUE SITUATION IN THAT THE
SHASTA RIVER WATER ASSOCIATION
TOLD US THEY WERE GOING TO DO
THIS. YEAH UM, THEN THEY DID. IT
WAS KIND OF THEM. AND YOU KNOW,
THE REASON I CAN TALK ABOUT THIS
IS BECAUSE THEY WERE VERY PUBLIC
ABOUT THEIR MOTIVATION, AND
THERE WAS LOTS OF PUBLIC
DISCUSSION ABOUT WHY THEY DID
THIS AND THAT IT WAS AN
INTENTIONAL DECISION. NOW THERE
WAS A LOT OF PRESS ON IT AS
WELL. UM, SO WE WERE BENNETT.
THANK YOU. UM YOU KNOW WHAT? I
APPRECIATE YOU CLARIFYING THAT
THE MODIFICATION EFFORT IS NOT
AN EFFORT AT WHOLESALE. CHANGE
UM, BUT THAT'S JUST THE
MODERNIZATION EFFORT. CERTAINLY
OTHER MAJOR CHANGES ARE, UH, ARE
POTENTIALLY SUPPORTED BY THE
DEPARTMENT OF WATER RESOURCES,
DWR. SO JUST TO CLARIFY WHETHER
THE STATE WATER BOARD DEPARTMENT
WATER RESOURCES NO, I DON'T
KNOW. WE OFTEN GET CONFUSED AND
YOU'RE ANY KIND OF POTENTIAL
LEGISLATIVE CHANGE. WE DO WORK
WITH OUR OFFICE OF LEGISLATIVE
AFFAIRS AND GO THROUGH THE
REGULAR PROCEDURES. YEAH. THE
YOU HAVE NO AUTHORITY TO VERIFY
WATER RIGHTS. AT THIS POINT IN
TIME. THAT'S NOT QUITE CLEAR
AGAIN. IT'S VERY COMPLICATED,
BUT WE HAVE NO AUTHORITY TO
VERIFY THE VALIDITY.
VERIFIABILITY OF RIPARIAN AND
PRE 14 CLAIMS OF RIGHT IF IT'S A
POST 1914 YES, THEY'VE COME IN
THROUGH A PERMANENT PROCESS
EITHER BY THE BORDER, OUR
PREDECESSOR AGENCY, AND THERE
ARE OTHER CIRCUMSTANCES WHERE WE
DO, TAKE A LOOK AND GET
INVOLVED, SOMETIMES TO RECORD
REFERENCE IN OTHER PROCEDURES,
BUT FOR THE MOST PART PREFER
TEENS AND PARENTS. WE DON'T HAVE
THE ABILITY TO JENNIFER, DO YOU
ANTICIPATE THAT AFTER YOU
ELEKTRONIK. LEE SCANNED
DIGITIZED ALL OF THESE DOCUMENTS
, ETCETERA THAT YOU WOULD HAVE
SIGNIFICANTLY INCREASED
CAPABILITY TO VERIFY PRE 1914
AND REPAIRING RIGHTS. PROBABLY
NOT, UH, IT'S TIED TO THE
AUTHORITY IN THE WATER CODE AND
THAT WATER COMMISSIONER ACTING
CAPABILITY NOT LEGAL, NOT
REALITY. EVEN THE ABILITY TO
KIND OF LOOK AT WHAT'S IN A FILE
FROM 1915. IT'S GOING TO BE
PRETTY LIMITED. YEAH WE DIDN'T
REALLY START RECEIVING DIVERSION
DATA UNTIL JUST PROBABLY 2009
AND ANY KIND OF COHERENT FORM SO
ALL OF THOSE OLDER DOCUMENTS ARE
IMPORTANT FOR UNDERSTANDING THE
BASIS OF WHAT WAS CLAIMED, BUT
IT DOESN'T GIVE US THAT FULL
SUITE THAT WE WOULD NEED TO DO
TO ACTUALLY DO IT. THANK YOU. UM
I LIKE TO MENTION ELECTRONIC
METERING, YOU KNOW, TO THE
EXTENT THAT YOU'RE, TALKING
ABOUT IMPROVED DATA GOING
FORWARD, AND I'LL TELL THE STORY
OF WHEN I FIRST GOT ONTO THE
GROUND WATER AGENCY IN VENTURA
COUNTY, WHICH WAS ESTABLISHED BY
THE STATE LEGISLATURE. BACK IN
THE LATE 19 EIGHTIES WAY BEFORE
SIGMA. IT WAS ALL VOLUNTARY
REPORTING AND I KEPT
QUESTIONING. WHAT'S THE YOU KNOW
HOW HOW VALID IS THE VOLUNTARY
REPORTING AND ALSO, THE ENORMOUS
PUSHBACK CAME FROM ALL OF THE
VOLUNTARY REPORTER SAID. I WAS A
DISTRUSTFUL PERSON AND THAT I
SHOULD JUST TRUST EVERYBODY AND
TERMS OF THEIR WATER REPORTING,
EVEN THOUGH IF YOU IF YOU OVER
REPORTED IF YOU REPORTED HE TOOK
OUT TOO MUCH, YOU'VE GOT A BIG
FINE. AND YET NOBODY SEEMED EVER
REPORT THAT THEY HAD TAKEN OUT
TOO MUCH. UNTIL AND SO IT WAS
JUST I MEAN, REALLY VILIFIED
RIGHT FOR ASKING THIS QUESTION
EVERY YEAR UNTIL WE WENT TO A
WATER MARKET AND THE DAY WE WENT
TO A WATER MARKET, THE EXACT
SAME PEOPLE THAT CAME TO ME AND
SAID, BECAUSE I SAID THEY KEPT
SAYING, WHY DO YOU WANT THIS? I
SAID, BECAUSE I DON'T I DON'T
KNOW THAT WE CAN TRUST
EVERYBODY, YOU KNOW TO
ACCURATELY REPORT THE DAY WE
WENT TO A WATER MARKET. THOSE
EXACT SAME PEOPLE CAME AND
TESTIFIED THAT SAID, WE NEED
ELECTRONIC METERING, AND WHEN I
SAID WHY, AND THEY SAID, BECAUSE
EVERYBODY'S CHEATING ON THESE
REPORTS, RIGHT, SO, UM I JUST
WANT TO GET THAT OUT THERE THAT
VOLUNTARY REPORTING IS FRAUGHT
WITH PROBLEMS IN ONE OF THE
PROBLEMS IS WHEN YOU WANT TO DO
THE THINGS THAT WE NEED TO DO
WITH WATER IN CALIFORNIA. IF YOU
DON'T HAVE CERTAINTY IF PEOPLE
CAN'T TRUST THE SYSTEM. THEN
THEY THEY LOSE CONFIDENCE IN THE
SYSTEM. AND THE SAME THING'S
TRUE IF WE HAVE LAWS THAT YOU
CAN ENFORCE PEOPLE ALSO SAY,
WELL, WHY SHOULD I FOLLOW WHEN
THEY'RE ANNOUNCING THAT THEY'RE
GOING TO VIOLATE SO I MIGHT AS
WELL VIOLATE ALSO, AND IF IT'S
AND IF IT'S JUST VOLUNTARY
REPORTING, MAYBE I WON'T REPORT
EVEN ACCURATELY. SO IT'S A HUGE
, HUGE ISSUE THAT WE HAVE TO
ADDRESS, AND I JUST WANT TO
OFFER THAT ELECTRONIC METERING.
UM WE GAVE GRANTS FOR EVERYBODY
TO DO IT, BUT WE DID REQUIRE IT
IF YOU WANTED TO DIVERT, AND IT
HAS BEEN VERY SUCCESSFUL IN
INCREASING THE SENSE OF
ACCOUNTABILITY THAT IS OUT THERE
AND THE ACCURACY OF THE
INFORMATION BOTH HOW MUCH HAS
BEEN TAKEN OUT. AND WHEN IS IT
BEING TAKEN OUT? ARE IMPORTANT
PIECES OF INFORMATION IF WE'RE
GOING TO MANAGE WATER IN IN
CALIFORNIA, TWO OTHER QUICK
THINGS NUMBER ONE, RELYING ON
EMERGENCY ORDERS OF THE
GOVERNOR, AS THE ONLY WAY TO GET
THIS DONE IS NOT A VERY
EFFICIENT WAY TO MANAGE WATER IN
CALIFORNIA. THAT'S THE ONLY TIME
YOU REALLY HAVE AUTHORITY TO DO
A LOT OF THINGS, AND THIS IS A
VERY SPECIFIC SIDE QUESTION. UM
BOTTLED WATER PROFIT OF SURFACE
WATER DIVERSIONS IS FEDERALLY
PERMITTED. AND CAN YOU TELL ME
ABOUT BOTTLED WATER, GETTING
THEIR OWN SEPARATE FEDERAL
PERMITS AND THEREFORE NOT
NEEDING STATE PERMITS, SO I YOU
WANNA TAKE IT? OH SO DEPENDING
ON THE SOURCE OF THE BOTTLED
WATER, THEY WOULD STILL BE
SUBJECT TO THE STATE WATER
RIGHTS. UM REQUIREMENTS AND
LAWS. UM AND WE HAVE AN ACTIVE
ENFORCEMENT CASE CURRENTLY
PENDING, AT LEAST ON ONE
SITUATION. SO I THEY'RE NOT. THE
FEDERAL PERMIT ISN'T PREEMPT
THEM FROM HAVING TO COMPLY WITH
WATER RIGHTS LAWS. SO WHAT IS
THE FEDERAL PERMIT ALLOW THEM TO
DO THAT IS A GOOD QUESTION. I
DON'T HAVE A LOT OF BACKGROUND
ON IT. SO I DID SOMETHING I
WOULD HAVE TO LOOK INTO, I
THINK, AND THIS IS SOMETHING
THAT WE CAN GO BACK AND LOOK AND
CLARIFY AND PROVIDE ADDITIONAL
DETAILS. AND BUT IN THE ONGOING
ENFORCEMENT CASE, WHICH AGAIN WE
CAN'T REALLY GO INTO TOO MUCH
DETAIL, BECAUSE, UNLIKE THE
CHEST TO SITUATION, THERE ISN'T
A LOT OF PUBLIC INFORMATION
ABOUT IT. AND IT IS KIND OF
FIREWALLED UNTIL THE DECISION IS
OUT. BUT AH, THAT DIVERTER
OBTAINED A FEDERAL, UH, SPECIAL
USE PERMIT TO BE ABLE TO GO IN
AND CONSTRUCT OR OPERATE THEIR
SYSTEM. AND SO NOT EVERY BOTTLED
WATER ENTITY WOULD NEED
SOMETHING LIKE THAT. BECAUSE IN
THIS SCENARIO THERE, UH, SOURCE
OF DIVERSION IS WITHIN FEDERAL
PROPERTY. THERE'S FDA
AUTHORIZATIONS AND OTHER FEDERAL
AUTHORIZATIONS THAT THEY HAVE TO
GET AS WELL. THANK YOU. YES AND
WE WERE SHIVA. CAN I JUST ASK
ONE MORE CLARIFYING QUESTIONS.
SO ON THE SITUATION WHERE YOU,
UM, WHERE THEY HAVE 20 DAYS TO
REQUEST A HEARING. IF THEY DO
REQUEST A HEARING, AND THEN IT
TAKES A MONTH OR SIX MONTHS OR
HOWEVER LONG IT TAKES TO GET
THAT HEARING. CAN THEY CONTINUE
TO DIVERT WATER DURING THAT
TIME? YES I MEAN, NO. IN THEORY
, THERE WAS AN UNDERLYING ORDER
THAT PROHIBITED THEM FROM
DIVERTING THEY WOULD STILL BE
SUBJECT TO THAT $500 A DAY THAT
THE $10,000 A DAY WOULD NOT KICK
IN UNTIL THE SEASON JUST
DISORDER WAS FINAL ADOPTED ORDER
, WHICH WON'T HAPPEN UNTIL UNTIL
AFTER THE HEARING. OKAY SO THE
WAY THAT OUR AUTHORITIES
CURRENTLY STRUCTURED SO THERE
WAS AN ORDER. THEY WERE IN
VIOLATION THEY WERE VIOLATING
EACH DAY. THAT WOULD HAVE
CONTINUED UNTIL THE HEARING. UM
AND THEN THE $10,000. A PENALTY
WOULD HAVE ONLY TAKEN EFFECT
AFTER THE ORDER WAS FINAL. THANK
YOU. THANK YOU. I FIND ONE OF
THE THINGS WHEN I BECAME CHAIR
OF THIS COMMITTEE AND STARTED
LEARNING ABOUT WATER RIGHTS WAS
IF I CLAIM TO OWN A PIECE OF
PROPERTY PRE 1914. SOMEBODY
WOULD VERIFY THAT OWNERSHIP
RIGHT WAS REAL AND YET ALMOST
HALF OF OUR WATER RIGHTS HOLDERS
, AND A THIRD OF OUR WATER IS
OWNED BY PEOPLE WHO CLAIM TO OWN
SOMETHING THAT NOBODY VERIFIES.
IT'S FASCINATING TO ME, SO I'LL
JUST PUT THAT OUT THERE. UH AND
IT IS A REALLY SCARCE RESOURCE
RIGHT AS HIS LAND. SO IT IS A
PROPERTY, RIGHT? I'M SAID
SOMETHING THAT I THINK WE NEED
TO THINK ABOUT. BUT, UM I WANTED
TO ASK, AND I THINK I MAY KNOW
THE ANSWER TO THIS. BUT I'M
GONNA ASK THIS DIRECTOR ANYWAYS.
SO I WANT TO. REALLY, UM COMMEND
THE ADMINISTRATION'S EFFORTS IN
MODERNIZING THE WATER RIGHTS
SYSTEM TO ALLOW US TO KNOW WHAT
EXISTS AND WHAT IS BEING USED. I
THINK THOSE ARE OBVIOUSLY
INCREDIBLY IMPORTANT ELEMENTS.
AND I THINK YOU DID A GOOD JOB
LAYING IT OUT THERE. UM I JUST
CURIOUS IF THERE IS ANYTHING
BEYOND THAT THE ADMINISTRATION
INTENDS TO DO RIGHT HAVING THE
INFORMATION IS IMPORTANT AND ONE
THING, BUT I THINK THAT IT'S
FROM WHAT I'M HEARING. NOT JUST
MY OPINION ON THIS COMMITTEE
THAT THERE'S MORE THAT NEEDS TO
BE DONE TO MODERNIZE OUR SYSTEM
OF WONDERING IF THIS TIME THE
ADMINISTRATION HAS ANYTHING TO
PROPOSE. WE DON'T HAVE ANYTHING
SPECIFIC TO PROPOSE HERE. BUT I
THINK AGAIN WORKING WITH THE
LEGISLATURE AND THE
ADMINISTRATION, IT'S SOMETHING
THAT WE'RE OPEN TO EXPLORING AND
WORKING IN AND KIND OF LOOKING
AT TECHNICAL INPUT WHERE WE CAN
PROVIDE IT, AND IT IS VERY
COMPLICATED AND IT IS A
CHALLENGING TIME WHEN WE'RE
SLINGSHOT IN BETWEEN DROUGHT AND
FLOOD AND DROUGHT, AND WE DIDN'T
REALLY TOUCH ON IT TODAY, BUT
GROUNDWATER RECHARGE. HOW DO WE
DO THAT? MORE EFFECTIVELY AND
EFFICIENTLY AND THERE'S A LOT OF
KIND OF, I THINK MISPERCEPTIONS
ABOUT THAT, BUT IT'S STILL TIED
TO DATA AND, UH THERE'S A LOT
THAT COULD BE DONE AND WE'RE
OPEN TO CONVERSATIONS. YEAH AND
I YEAH, I WANT TO THANK YOU FOR
ALL YOUR PROPOSALS ON THAT. I
KNOW THE LEGISLATURE HAS BEEN
INCREDIBLY SUPPORTIVE IN BUDGET
NEGOTIATIONS. AND, YOU KNOW, UM,
I KNOW THERE'S MORE TO COME. BUT
YES, HAVING A WAREHOUSE OF
DOCUMENTS IS NOT NECESSARILY THE
BEST AND I'VE GOT EIGHT MORE
YEARS. SO I LOOK FORWARD TO THAT
MAP THAT I CAN TOUCH. I'LL SEE
IT IN MY TIME. HOPEFULLY UM,
WELL, THANK YOU BOTH FOR BEING
HERE REALLY APPRECIATE YOUR
EXPERTISE AS USUAL. THERE ARE
REMOTE ON THE NEXT PANEL. I'M
BEING TOLD. SO YOU'RE ALL EVEN
THE PERSON OKAY, SO WE HAVE
EVERYBODY WILL BE APPEARING
REMOTELY. LEE OF COUNCIL MEMBER
AARON TROY HOCKADAY FROM THE
KARAOKE TRIBE. ELIZABETH SALOMON
, GENERAL MANAGER OF THE
MENDOCINO COUNTY, RUSSIAN RIVER
, FLOOD CONTROL AND WATER
CONSERVATION IMPROVEMENT
DISTRICT, AND FELICIA MARCUS,
THE LAND WORTH VISITING FELLOW
AT STANFORD UNIVERSITY, AND
THEY'LL BE DISCUSSING EXAMPLES
OF CHALLENGES TO WATER RIGHTS
ADMINISTRATION. COUNCIL MEMBER
HOCKADAY, DO YOU WANT TO BEGIN?
CAN YOU HEAR ME? YES, I CAN. ARE
YOU KIDDING ME? UP THE MORNING,
EVERYBODY. THANK YOU FOR LETTING
ME BE HERE TODAY. MY NAME IS
AARON HOCKADAY. I'M ELECTED
COUNCIL MAYOR FOR THE GROUP
TRIBE IN NORTHERN CALIFORNIA.
I'M BORN AND RAISED AND HAPPY
CAMP. I'M ONE OF THE LAST
FISHERMAN TRADITIONAL CHRISMAN.
IN THEIR TRIBE IN THE WORLD. THE
OFFICIAL ON THE CLIMATE TORE
AWAY WE DO TODAY SINCE MEMORIAL
WANT TO GIVE YOU A LITTLE BRIEF
BACKGROUND ON TRAVEL STATEMENT
IS ONE OF THE THIRD LARGEST,
THEIR LARGEST TRIBE IN
CALIFORNIA. WE HAVE ALREADY 1000
PROBLEM MEMBERS OF DESCENDANTS.
I'M MISSING THIS PROBLEM MEMBERS
TO PROMOTE THE WELFARE FOR
CORRUPT PEOPLE AND ESTABLISH
QUALITY AND JUSTICE FOR OUR
TRIBE AND RESTORING OUR
TRADITIONS. OUR TRADITIONS, OUR
CUSTOMS AND OUR LANGUAGES. IN
OUR ANCESTORS RIGHTS. BUT FAR
SELF GOVERNANCE. I'M A LITTLE
NERVOUS BECAUSE I'M JUST GOING
TO TAKE IN TOWN OF EVER TALKING
FROM THE COMMITTEE. YOU'RE DOING
GREAT, AND WE'RE SO HAPPY TO
HAVE YOU SO BEAR WITH ME. PLEASE
UM COOK, TRIBAL OR SALMON
PEOPLE. WE LIVE IN THE CLIMATE
NATIONAL BASIN. UM WE, UM WE
HAVE CEREMONIES FOR OUR SALMON
WHEN THEY RETURNED TO THE
CLIMATE, RIVER NECK SPAWNED AT
ON THE CLIMATE RIVER. AND WE ARE
HAVING DIFFICULT WITH OUR SALMON
COMING BACK AND RETURN ON THE
CLIMATE TOUR. AS EVERYBODY KNOWS
THE COMMENTS BASIN IS IN DARK,
DARK STRINGS FOR EVERYTHING FROM
WATER QUALITY FOR FARMERS FOR US
FISHERMEN RIGHT NOW. UM. SO WE
ARE WE GOING TO BE SAID TODAY
I'VE HEARD QUITE A FEW
STATEMENTS THAT WE ARE IN THE
CRISIS WITH DROUGHT IN THE LAST
COUPLE OF THE LAST 10 YEARS.
DEFINITELY UM IT'S ALL NEW TO
CLIMATE CHANGE, YOU KNOW? WE ALL
KNOW THAT WE HAVE TO ADAPT TO
THE TIMES THAT WE'RE WHERE WE'RE
AT RIGHT NOW. UM WE'RE FACED
WITH THESE DROUGHTS, IMPORT
WATER CONDITIONS YOU KNOW, WITH
THE FISH KILLS WE'VE HAD IN THE
LAST COUPLE OF YEARS AND
EVERYTHING. UM IT'S REALLY HARD
TO WORK WITH THE FISH AND GAME
TO RESTORE FISH. WHEN WE TAKE
ONE STEP FORWARD, WE'RE TAKING
AN ABSOLUTE BACKWARDS. BECAUSE
OF THE DROUGHT AND THE WATER.
QUALITY. UM. I ALSO HEARD TODAY.
THE LEGAL CONVERSIONS ON THE
SHASTA RIVER. YEAH, TO US.
TOWARDS TRUMP WHEN PEOPLE ARE ON
A CLIMATE WHERE IT WAS VERY,
VERY DEVASTATING. JUST PRIOR TO
WEEKS BEFORE THE FARMERS TOOK
THE WATER, THE WATER OFF THE
SHOTS THE RIVER WE HAD A
DEVASTATION DONE STORMING WENT
OVER THE CLEANSING FIRE. FOR A
50 MILE STRETCHED. THERE WAS NO
OXYGEN IN THE WATER FOR OVER 24
HOURS. KILLED OVER THOUSANDS OF
FISH SPECIES IN THE KLAMATH
RIVER 50 MILES. THAT'S 50 MILES
DEAD FIST THOUSANDS FROM SUCKERS
CROWD AS TROUT. STILL HEAD
SALMON. EVERYTHING GRAND PARADE
. WE HAVE MAJOR PICTURES ARE
BIOLOGISTS WORK FOR WEEKS ON
DATA ON THAT. THEN TWO WEEKS
LATER, THE FARMERS TELL US THAT
THEY'RE GOING TO TAKE TAKE
WATER. FROM THE SHASTA RIVER AND
THEY TOOK IT. READY. I CRIED.
AND SO EMOTIONAL RIGHT NOW.
LIVING HERE AND SEEING WHAT THEY
DID. DEVASTATING. IT'S OUR
FUTURE. IT'S OUR FUTURE FOR OUR
CHILDREN, OUR CULTURE OUR WAY OF
LIFE. AND TO HAVE KICKED OVER
ALREADY DOWN. WAS A VERY SAD
DAY. SO SORRY FOR BEING
EMOTIONAL ABOUT THAT, BUT THAT'S
JUST THE WAY I FEEL. UM. SHOTS.
THE RIVER THE FAST AND THE
SHASTA RIVER IS YES. REALLY
IMPORTANT. IT'S ONE OF OUR LAST
JASTER IN THE SCOTT RIVER, ONE
OF THE LAST SALMON PRODUCERS FOR
THE CLIMATE THREAT FOR HISTORY
SAYS THAT BACK BEFORE. YOU KNOW
, TOMMY MORAL STUFF THE RIVER
HAD TO WORK. 800 SOME 1000
SALMON YEARLY COMING UP CLIMATE.
I MEAN THAT FED EVERYBODY TOOK
EVERYTHING. IT'S. YOU KNOW TO
SEE NOW WE'RE WINDING DOWN
TOWARDS SHASTA RIVER ONLY GETS
MAYBE UP TO 1000. SALMON INTO
IT. FOR YEAR. SCOTT RIVER.
RARELY. GETS OVER 1500 NATIONAL
FALL FAMINE AND COHO. UM. WITH
THE DEVASTATION OF THE
GROUNDWATER PUMPING, WHICH I
HEARD TODAY HAS A LOTS OF
EFFECTS. ARE BIOLOGISTS HAVE
DONE STUDIES AFTER STUDIES
SHOWING THAT PUMPING GROUNDWATER
AND DROUGHT YEARS AFFECTS THE
RIVER FLOWS. WE ALL SEE IT LIVE
HERE YOU GO UP THERE ON AUGUST
NIGHT. THERE AIN'T NO WATER FROM
CALLAHAN TO BOTTOM OF THE SCOTT
RIVER. AND THERE'S NO WATER AT
THE END OF THE VALLEY UNTIL YOU
GET DOWN INTO THE CANYON AND THE
WATER POPS BACK UP. I MEAN, YOU
GUYS GOT AUGMENTATIONS OF THAT.
SO HOW'S FISH BUSTERS SURVIVE,
OR HOW'S ANYBODY TO POST OR
SURVIVING SOMETHING LIKE THAT?
UM. WE'RE HERE WITH ME A LITTLE
BIT. UM. I AGREE WITH WHAT FEW
PEOPLE SAID IT FOR ME THAT
AILMENTS OF THE LEGAL WATER
VERSIONS ROUGH $500 A DAY. THE
FARMERS JUST LAUGHED AT US. THEY
EVEN TOLD YOU GUYS THAT
NEWSPAPERS THEY LAUGHED AT US
STAYING WITH TALKED ABOUT. THEY
WEREN'T GOING TO PAY IT BECAUSE
IT WASN'T WASN'T WORTH THE CRIME
TO THEM. THE FINE WAS NOTHING.
WHEN YOU GOT OVER 80 FARMERS
PAINT $50 PER FOR 20 DAYS FILM
THAT THEIR PONDS AND KILLING
FISH ON THE BANKS. MM HMM. AND
GOING AGAINST ORDINANCES. IT
WAS. IT WAS TERRIBLE TO SEE AND
THEN TURN AROUND, LAUGH AT IT
BECAUSE THEY DID IT, KNOWING
THAT THERE WASN'T GONNA NOTHING
WAS GOING TO HAPPEN AND JUST GOT
SLAPPED ON HER HAND AND SAYS, GO
TO YOUR CORNER. YOU'VE GOT A
TIME OUT. I MEAN, THAT'S WHAT IT
FELT LIKE. YOU KNOW THE TRIBE IS
NOT AGAINST FARMERS WERE NOT
AGAINST FARMING. WE LOVE
POTATOES. WE NEED OUT FAR FROM
THE FREED OUR CATTLE. I MEAN,
MATTER OF FACT, I HAVE TWO
FAMILIES. THAT I'M RELATED TO.
YOU KNOW, THEY'RE MY FAMILIES
THAT HAVE 100 CAL RANCH AND BIG
SPRINGS. THE OTHER ONE HAS A
RANCH AND MONTAGUE. LIKE I SAID,
WE'RE NOT GETTING FARMING IS
JUST THE WAY THEY DO IT
NOWADAYS. IT'S ALL ABOUT MONEY,
AND WE ALL KNOW THAT
EVERYTHING'S ABOUT MONEY
NOWADAYS. IT'S JUST A BAD THING.
I THINK IF THE WATER BOARD WOULD
WOULDN'T. RAISED THEIR FINES OF
GLOBAL MORE. I THINK WE START
CONTROL MINTS, BUT UM, THIS ONE
LIKE, YOU KNOW A LOT OF THIS
DISTANT START OVER DAYS AND JUST
DIDN'T START 20 YEARS AGO. THIS
STARTED OVER 100 YEARS AGO. WHEN
THEY WERE AMERICANS WERE NOT
CONSIDERED PEOPLE YET. AND. THE
LAST 40 YEARS. 50 YEARS NOW THE
TRIBAL MEMBERS HAVE RIGHTS
TROUBLES, TRIBES HAVE RIGHTS. I
THINK YOU GUYS NEED TO BRING US
TO BOARD. ON SOME OF THESE
BOARDS AND ON HIS MEETINGS.
BECAUSE BACK WHEN. WE TOOK CARE
OF THE LAND. WE DON'T OWN THE
WATER. WE DON'T OWN THE LAND. WE
TOOK CARE OF THE LAND AND THE
LANDS FRIDAY FOR US. AND WE KEPT
IT. KEVIN NICE TO EVERY YEAR
THAT WE GOT PLANES WHAT WE
NEEDED. NOWADAYS. NOW IT'S A
RESOURCES. BECAUSE OF ALL THE
ENVIRONMENTALISTS AND EVERYTHING
ELSE IN THE WORLD. STOP LOGGING
, WHICH WE DON'T CALL LOGGING.
WE CALLED HARVEST PROJECTS.
ALWAYS BRUSH AND TIMBER THAT'S
OUT THERE, JUST LAYING IN THE
GROUND RIGHT NOW BEING USED FOR
NOTHING. NOT FOR AWARDS OR PAPER
OR PAPER TO WRITE ON OR GROCERY
BAGS. IT'S ALL GOING TO WASTE
BUILDING FUELS UP. WE GOT LOST
SMALL TREES OUT THERE SUCKING UP
THE WATER ALONG THESE CREEKS. IT
JUST NEEDS TO BE MANAGED RIGHT
ONCE YOU MANAGE THAT, RIGHT? WE
COULD HAVE SOME MORE WATER BACK,
AND I MEAN IT'S ALL DO THE
CLIMATE CHANGE. DON'T GET ME
WRONG. WE'RE IN A CLIMATE
CHANGE. WE'RE ALL GOING TO
ADJUST TO IT. UM. SORRY ABOUT
THAT, UM. TODAY. THE CURRENT
TRIBE IN 2017. WE TOOK A STAND
AND SAID THAT WE DON'T HARVEST
200 SALMON. WE'RE CEREMONY
PURPOSES ONLY. CEREMONIES AND
USED TO HAVE FOR SOME WAYS FOR
BRINGING A SALMON HOME. WE'RE
STILL DOING IT TODAY, EVEN
THOUGH THERE WAS A BIT FRESH
FISH RUN LAST YEAR. BECAUSE
THAT'S HOW IMPORTANT OFFICIAL
OUR TO OUR PEOPLE AND TO OUR
CULTURE. THAT WE'RE WILLING TO
TAKE THAT. AND. AND NO LIVE WITH
WHAT WE HAVE TO DO FOR THE
FUTURE OF OUR CHILDREN AND OUR
CULTURE. WE WANT BE HERE FOR
ANOTHER. THOUSANDS OF YEARS JUST
LIKE EVERYBODY ELSE WILL WANT TO
BE. UM AS YOU GUYS KNOW. IT TOOK
US 2020 ALMOST 25 YEARS, BUT WE
GOT FOUR DAMS COMING UP ON THE
CLIMATE RIVER. AND THAT WATER
WAS USED NOTHING. BUT FOR POWER
IT WASN'T USED FOR ALPHA CULTURE
OR DRINKING WATER OR ANYTHING.
SO WE'RE GLAD TO SEE THOSE COME
DOWN, THANKS TO GOVERNOR NEWSOM.
HMM. NO. AND WILDLIFE. CHUCK,
BOTTOM BOTTOM HAND. THANKS FOR
ALL THEIR HARD WORK. WITH THE
TRIBES STATE OF CALIFORNIA FOR
THIS EVENTUALLY GET IT DONE WITH
RULES STORE SOME HABITAT. IT'S A
LONG STILL GOT A LONG ROAD AHEAD
OF US. HOPEFULLY, HEARING ABOUT
2 TO 3 WEEKS. PEOPLE START TO GO
TO WORK ON THOSE DAMS. LIKE I
SAID EARLIER. WE ARE. WORLD
FIXED PEOPLE WILL FIX THE WORLD.
WE HAVE OUR SEMINARIES FOR FIX
THE WORLD FOR EVERYBODY. UM IT'S
PRETTY HARD RIGHT NOW AND WE'RE
HAVING TROUBLE FINDING FIXED.
THE CLIMATE BASIN. I KNOW
SOMEONE. YOU GUYS WERE TALKING
ABOUT THE SACRAMENTO RIVER AND
AMERICAN RIVER. UM NOBODY
BROUGHT IT UP. BUT YOU GUYS JUST
HAD MAJOR STURGEON KILL. DOWN
THERE A COUPLE OF YEARS AGO AND
LAST YEAR. I MEAN, THOSE FISH
LIVE TO BE 2 300 YEARS OLD AND
THERE WERE QUITE A FEW OF THOSE
KILLED AND A COUPLE OF YEARS
BEFORE THAT YOU HAD SALMON
KILLS. ON THE RUSSIAN RIVER. I
MEAN, THESE ARE THINGS THAT ARE
NOT OUT THERE IN PUBLIC, I BUT
WE ALL KNOW THAT THEY'RE HAPPY
HAPPENING. SORRY ABOUT THAT. WE
NEEDED. BUT OUR TRAVEL KNOWLEDGE
IS ON SOME OF THESE BOARDS
BECAUSE HèA DID UNITED STATES
GOVERNMENT AND STATE CALIFORNIA
IN THE LAST 100 YEARS. MHM. WE
ALL NEED TO WORK TOGETHER. AGAIN
SEPARATE FIGHTING AMONGST EACH
OTHER ANYMORE TO SAY THIS BARN.
UM. JUST 11 NOTE. I WANT TO LET
YOU GUYS KNOW THAT THE TRIBE
SUPPORT IS SUPPORTING THE BABY.
4 60. WE ARE DEDICATED ON THAT,
AND WE'RE GONNA IN SUPPORT OF
THAT BILL. SO I JUST WANT TO LET
YOU KNOW. YEAH MY CHAIRMAN
BUSTER LIBRARY. HAS BEEN FOR THE
LAST 4 TO 5 YEARS. THE
CONSERVATION BY SAVING SOME OF
THIS WINTER WATER WITH THE
FARMERS AND THE SHASTA. WE ALL
KNOW THAT IN THE SHASTA VALLEY
THAT IT'S LAVA BASE, SO THE
WATER JUST SEEPS THROUGH THOSE
PONDS THEY HAVE OUT THERE DURING
THE SUMMERTIME. IF WE CAN GO IN
THERE AND LINE THEM OR SUPPORT
THEM ALIGNED SOME OF THESE PONDS
THEY HAVE THE WAR WOULDN'T SEEP
THROUGH. WE GET A PROJECT IN
MONTAGUE WITH THE CITY WATER. WE
DID THAT. IN THE EXCESS WATER
WENT BACK INTO THE RIVER. THAT
WAS A SUCCESS STORY. I DON'T SEE
WHY THE STATE HAS NOT FOLLOWED
ON SOME LINES LIKE THAT WHAT WE
DID. AND JUST I WANT TO SAY
AGAIN. THANK YOU VERY MUCH, AND
I JUST WANT TO LET YOU KNOW THAT
WE'RE NOT AGAINST THE FARMERS.
WE ALL NEED WHAT WE NEED FROM
THE FARMERS ABOUT THE SAME TIME.
THE FIRST OR THE SENIOR RIGHT?
HOLDERS OF THE WATER. REMEMBER
THAT NOT HUMANS, FISH? IRELAND
ARTIST SINGER. RIGHT HOMES.
THANK YOU VERY MUCH WANT THANK
YOU FOR YOUR TIME. THANK YOU SO
MUCH. COUNCIL MEMBER. WE THANK
YOU. SPOKE INCREDIBLY ELOQUENTLY
, AND WE HAVE AN INCREDIBLE
AMOUNT TO LEARN FROM OUR NATIVE
PEOPLE. WHO, AS YOU SAID, TOOK
CARE OF THIS LAND FOR MUCH
LONGER THAN ANY OF US AND DID AN
INCREDIBLE JOB. SO I APPRECIATE
YOUR HISTORICAL PERSPECTIVE AND
EVERYTHING YOU HAD TO SHARE. MR
SALAMONE. ARE YOU ONLINE? GOOD
MORNING. THANK YOU CAN HEAR ME,
OKAY? YES. ALL RIGHT. THANK YOU
SO MUCH FOR HAVING ME THIS
MORNING. WELCOME TO EVERYONE,
AND I JUST HAVE TO SAY WHAT AN
HONOR IT IS. TO BE ON THIS PANEL
TESTIFYING WITH THESE AMAZING
MINDS TODAY, YOU HAVE SOME OF
THE BEST FOLKS IN THE STATE
SPEAKING ON TEACHING YOU TODAY
ABOUT WHAT'S HAPPENING. SO I'M
GONNA TOUCH A LITTLE BIT ABOUT
SOME THINGS THAT ERIC ABDEL
MENTIONED. I AM A MANAGER OF THE
MENDOCINO COUNTY, RUSSIAN RIVER
FLOOD CONTROL AND WATER
CONSERVATION IMPROVEMENT
DISTRICT. WE ADMINISTER THE
WATER SUPPLY THAT IS MADE
AVAILABLE FROM A FLOOD CONTROL
PROJECT. YOU MAY BE FAMILIAR
WITH SOME OF THE PHOTOS THAT
WERE TAKEN OF THE GOVERNOR IN
APRIL OF 2021 WHEN HE DECLARED
DROUGHT OF THE FIRST TIME IN
THAT YEAR IN OUR LOCAL
RESERVOIR, LAKE MENDOCINO FROM
THE BOTTOM OF THE RESERVOIR. BY
THAT TIME STAKEHOLDERS IN THE
STATE WATER RESOURCES CONTROL
BOARD STAFF INITIATED BY ERIC
MCDONALD'S SELF HAD ALREADY BEEN
IN COMMUNICATION FOR ABOUT NINE
MONTHS. ADDRESSING ADDRESSING
OUR CONCERNS ABOUT THE WORSENING
CONDITIONS, ERIC CAME TO US AND
SUGGESTED THAT WE FIND AN
INNOVATIVE LOCAL SOLUTION AS HE
MENTIONED EARLIER. BUT BUT AS
YOU HEARD WATER RIGHTS LAW DID
NOT PROVIDE A MECHANISM BY WHICH
THE STATE WATER RESOURCES
CONTROL BOARD COULD INITIATE A
TIMELY RESPONSE TO THE FAILING
CONDITIONS AND TO ASSIST LOCAL
WATER USES. SO HERE'S WHAT WE
WERE FACING. WE DIDN'T HAVE
ENOUGH WATER TO GO AROUND.
LOGICAL THINKING WOULD LEAD US
TO SAY OKAY, EVERYONE COULD USE
A LITTLE BIT LESS WATER, SO
ANYONE WITH ANY EXPERIENCING
EXPERIENCE AND SPLITTING A
PITCHER OF LEMONADE BETWEEN
SEVERAL CHILDREN KNOWS HOW YOU
DO THIS. BUT GUESS WHAT? THE LAW
DOESN'T CREATE A PATH FOR THIS
BASIC EXERCISE AND SHARING, IT
SAYS THE OLDEST CHILD GETS A
FULL GLASS, WHETHER THEY CAN
FINISH THAT GLASS OR NOT, AND IF
THERE IS NO LEMONADE LEFT BY THE
TIME THE YOUNGEST CHILD HOLDS
OUT THEIR GLASS THAT'S TOUGH.
THEY GET NONE. SO THAT'S WHAT
HAPPENED IN THE RUSSIAN RIVER.
EXCEPT IT WASN'T LEMONADE. IT
WAS WATER AND THAT WATER
PROVIDES FOR HUMAN HEALTH AND
SAFETY FOR COMMERCE AND
AGRICULTURE AND FOR SUSTAINING
FISH, WILDLIFE AND ENVIRONMENTAL
HEALTH. AND FOR THE FIRST TIME
EVER IN 2021 THE STATE HAD TO
ISSUE CURTAILMENTS OF ALL WATER
RIGHTS IN THE RUSSIAN RIVER,
INCLUDING RIPARIAN AND PRE 14.
SO CUTTING OFF SOME OF THE USERS
COMPLETELY, WHILE OTHERS
EXPERIENCED NO SHORTAGES AT ALL
, WHICH DID NOT HAPPEN IN 2021,
BUT HAPPENS IN OTHER YEARS WITH
CURTAILMENT. THAT WAS NOT
WORKING FOR OUR COMMUNITY, AND
NO ONE WANTED THAT IT CREATED
HARDSHIPS ENVIRONMENTALLY AND
ECONOMICALLY. WE FORMED A
STEERING COMMITTEE MR ABDEL
REFERRED TO THAT EARLIER OF THE
PROCESS THAT TOOK HUNDREDS OF
HOURS OVER APPROXIMATELY A YEAR
AND A HALF A LITTLE BIT MORE.
AND WE CALL THIS INITIATIVE, THE
UPPER RUSSIAN RIVER WATER
SHARING PROGRAM. THE STATE WATER
BOARD ADOPTED THIS PROGRAM INTO
THE EMERGENCY REGULATIONS AND
SPRING 2022. THE PROGRAM WAS
ABLE TO RUN FOR A NUMBER OF
WEEKS SUCCESSFULLY. PARTICIPANTS
IN THE PROGRAM POUR THE LEMONADE
DIFFERENTLY. THE OLDEST ONE
TAKES A LITTLE BIT LESS THAN
THEY WOULD USUALLY DRINK SO THAT
THERE IS SOME LEFT FOR THE
YOUNGEST. IT MAY NOT BE AS MUCH
AS THEY WOULD LOVE TO HAVE, BUT
IT WOULD BE IT WAS BETTER THAN
NONE. AND THAT'S THAT'S IT.
THAT'S PRETTY MUCH HOW THE
PROGRAM WORKS. THERE'S A LEGAL
DOCUMENT. OF COURSE. LOTS OF,
YOU KNOW, ATTORNEY TALKING THAT
THERE'S A LENGTHY ASSESSMENT
THAT YOU CAN READ. THERE'S AN
EXTRAORDINARY EXCEL SPREADSHEET
THAT CALCULATES JUST HOW MUCH
LEMONADE EVERYONE GETS BASED ON
THEIR AGE. UM AND THERE'S A
IMPLEMENTATION REPORT THAT WAS
WRITTEN RECENTLY AND SUBMITTED,
WHICH WILL BE PUBLISHED SOON.
THAT EXPLAINS THE ENTIRE PROCESS
, AND IT'S WRITTEN IN SUCH A WAY
AS ANYONE CAN READ AND
UNDERSTAND WHAT WE DID. THIS
PROGRAM TOOK A LOT OF A LOT OF
HOURS AND A LOT OF COLLABORATION
, AND IT WOULD HAVE BEEN MORE OF
A STREAMLINED PROCESS IF THERE
WAS BETTER DATA TO SUPPORT IT.
HOWEVER THERE WERE STILL
LIMITATIONS ON HOW AND WHEN WE
CAN USE THIS PROGRAM. IT WAS
REFERRED TO EARLIER WITHOUT THE
GOVERNOR'S PROCLAMATION. THE
STATE WATER THE STATE WATER
BOARD CANNOT ISSUE EMERGENCY
REGULATIONS AND THEREFORE THE
PROGRAM CANNOT RUN AS IT HAS
BEEN CURRENTLY DESIGNED. WE ARE
LOOKING FOR ADAPTATIONS, THE
STEERING COMMITTEE CONTINUES TO
MEET. AND IN ENHANCED THIS
PROGRAM, THERE'S HOPE THAT IT
WILL BE USED AS A PILOT PROJECT
IN OTHER WATERSHEDS IN THE STATE
AS WELL. BUT I HAVE TO STRESS IT
SHOULD NOT BE THIS DIFFICULT FOR
WATER USERS TO LOCALLY MANAGED A
REDUCED WATER SUPPLY FOR THE
HEALTH AND WELL BEING OF THEIR
COMMUNITY. OUR REGION
EXPERIENCED THE INEQUITIES OF
FOLLOWING THE WATER RIGHTS
SYSTEM BY DATA PRIORITY, AND IT
DIDN'T LIKE IT. WE FOUND A WAY
TO ADAPT WITHOUT THROWING OUT
THE CURRENT SYSTEM COMPLETELY.
MANY ARE PROPOSING THIS
ADAPTATION TO MODERNIZE THE
SYSTEM. SO MODERNIZING IS THE
TERM THAT'S BEING USED. AND IT
QUITE FRANKLY, IT'S BECAUSE THE
TERM REFORM REALLY SCARES PEOPLE
, BUT WHATEVER WE CALL IT, THIS
PROCESS NEEDS TO BE
COLLABORATIVE, AND IT NEEDS TO
INCLUDE THE WATER RIGHT HOLDERS
AND ALL BENEFICIAL USES. IT
NEEDS TO BE A MEANINGFUL
MODERNIZATION. THE SHARING
PROGRAM WATER SHARING PROGRAM.
IT SHOWS THAT IT CAN BE DONE. WE
CAN WORK TOGETHER TO MAKE THESE
THINGS. ADAPTABLE AND
MODERNIZED. IT WILL TAKE MORE
THOUGHTFUL ENGAGEMENT, AND IT
WILL TAKE THE FUNDING TO BACK UP
THAT ENGAGEMENT. ONE WAY WE
COULD DO THIS IS TO CREATE
WATERSHED BASED FORUMS THAT
WOULD INVOLVE STAKEHOLDERS AND
STATE AGENCIES, MUCH LIKE WE DID
WITH THIS DEVELOPMENT OF THE
WATER SHARING PROGRAM, BUT
EXPANDED THESE FORUMS COULD
ADDRESS RESILIENCY ISSUES, BUT
MORE IMPORTANTLY, EVEN AS THEY
PROVIDE THE LINES OF
COMMUNICATION NEEDED TO
MODERNIZE AND TO ADAPT TO AN
ALREADY CHANGED CLIMATE AND
CLIMATE THAT CONTINUES TO CHANGE
RAPIDLY. WE NEED WATER USERS AND
WATER SUPPLIERS TO BUY INTO THE
MODERNIZATION TO TRUST AS IT WAS
BROUGHT UP EARLIER TODAY. THE
LAW MUST DEVELOP PROCEDURES.
THAT ALLOW FOR ADAPTATION TO
ADDRESS THE UNIQUENESS OF
INDIVIDUAL WATERSHEDS AND
COMMUNITIES WHILE ALSO ENSURING
THE STEWARDSHIP OF OUR SHARED
NATURAL RESOURCES. AND THERE
MUST BE SUFFICIENT FUNDING TO
IMPLEMENT THESE INITIATIVES
THOROUGHLY MANDATING WITHOUT
FUNDING. THESE MANDATES DRAINS
THE RESOURCES INEFFECTIVENESS
NOT ONLY OF THE NEW INITIATIVE,
BUT IF EVERYTHING ELSE WE ARE
ALREADY DOING. SO TODAY, I'VE
GIVEN YOU A VERY BRIEF EXAMPLE
OF HOW WATER RIGHTS LAW IS
RIGID, EXASPERATES THE HARDSHIP
OF THOSE IT'S MEANT TO SERVE.
WHAT I WANT TO STRESS IS THE
OPERATING SYSTEM IS OUTDATED AND
IT NEEDS AN OVERHAUL. BUT AS HAS
BEEN TOUCHED UPON TODAY,
FLEXIBILITY IS NOT THE ONLY
ISSUE. THE SYSTEM IS DEEPLY
FLAWED IN ADDRESSING EQUITY. WE
NEED TO EXAMINE THE DEGREE TO
WHICH WATER RIGHTS ARE LINKED
WITH WEALTH, POWER AND PRIVILEGE
. THERE IS ALMOST NO RECOGNITION
FOR THE PEOPLE OF THESE LANDS
WHOSE RELATIONSHIP WITH THE
WATER AND EVERYTHING IT TOUCHES
IS A MEASURABLE, IT IS TIMELESS.
THIS EXAMINATION OF THE SYSTEM
MUST ADDRESS THE EFFECTS OF
SYSTEMIC RACISM. IT MUST ALSO
EXAMINE RELATIONSHIPS AND
CONNECTION. THE RELATIONSHIPS
AND CONNECTION BETWEEN PEOPLE
AND THE ECOSYSTEM, THE WILDLIFE
TO HABITAT. AGENCIES TO THE
STAKEHOLDERS AND WATER USES AND
PEOPLE TO ONE ANOTHER. THIS IS
THE TIME TO BE BOLD, NOT BY
MANDATING ACTIONS FROM THE TOP
DOWN, BUT BY BUILDING SOMETHING
BETTER FROM THE GROUND UP. THIS
MEANS WE MUST WORK WITH THE
WATER SUPPLIERS, THE WATER USERS
, THE CULTURAL AND ENVIRONMENTAL
STEWARDS AND THE STATE AGENCIES
. WE ALL TOGETHER NEED TO INVEST
IN THE SYSTEM THAT WE BUILD
TOGETHER EQUITABLY. THANK YOU. I
LOOK FORWARD TO YOUR QUESTIONS
AND ALWAYS AVAILABLE FOR FOLLOW
UP ANYTIME AFTER THIS TO THANK
YOU. THANK YOU SO MUCH. IT WAS
REALLY FUN TO HEAR ABOUT WHAT
YOU GUYS ARE DOING, AND I THINK
IT REALLY REPRESENTS THE BEST OF
HUMANITY TO BE ABLE TO COME
TOGETHER AND DECIDE WHAT'S GOOD
FOR EVERYBODY. SO I APPRECIATE
THAT. UM LASTLY, WE'LL HEAR FROM
FELICIA MARCUS LANDRY, VISITING
FELLOW AT STANFORD THERE,
FELICIA. I AM PERFECT. OKAY WELL
, UM STILL MORNING. GOOD MORNING
, MADAM CHAIR, MR VICE CHAIR
MEMBERS AND STAFF. IT'S NICE TO
SEE YOU EVEN VIRTUALLY UM, NOT
SURPRISINGLY, GIVEN THE GREAT
SPEAKERS AND PRACTITIONERS
YOU'VE ALREADY HAD. I MEAN, ECHO
SOME OF THE THINGS YOU'VE HEARD
FROM THEM, AND I'M YOUR NO DOUBT
GOING TO HEAR FROM LATER
SPEAKERS AND WITH SO MANY
SPEAKERS, I'M JUST GOING TO
SHARE SOME OBSERVATIONS AT THE
MOMENT AND STAND READY TO
CONVERSE MORE DEEPLY OVER TIME.
I'M NOT FOCUSING ON WATER
MANAGEMENT OVERALL. THE MASSIVE
CHALLENGE. WE HAVE PROTECTING
ECOSYSTEMS OR MANY OTHER THINGS
. I'M GOING TO FOCUS ON
IMPLEMENTATION. IT'S WONKY, BUT
IT'S PRETTY DARN IMPORTANT. UH,
AS SOMEONE WHO WORKED WITH THE
GREAT STAFF AND COLLEAGUES AT
THE WATER BOARD TO TRY AND
IMPLEMENT THE WATER RIGHTS
PROCESS WE HAVE. I DO HAVE SOME
OBSERVATIONS ABOUT WHY IT'S HARD
TO IMPLEMENT THE SYSTEM THAT WE
THEORETICALLY HAVE. AND WHILE
THERE ARE MANY DISCUSSIONS
TAKING PLACE ABOUT THE VERY
NATURE OF THE WESTERN WATER
RIGHTS PARADIGM, SUCH AS WHO WAS
REALLY HERE FIRST, I'LL FOCUS ON
IMPLEMENTATION OF THE SYSTEM
THAT WE HAVE TODAY. SO TAKE MY
OBSERVATIONS THAT OBSERVATIONS
FROM THE FIELD FROM SOMEONE
WHO'S BEEN IN THE TRENCHES AND
ONE WHO HAS, AND IS NOW ENGAGED
WITH PRACTITIONERS FROM OTHER
WESTERN STATES AND HAS FAMILIAR
WITH HOW OTHERS DO THIS WORK IN
THE WESTERN US, THE EASTERN US
AND SOME OTHER COUNTRIES. YOU
KNOW, AS YOGI BERRA ONCE SAID,
IN THEORY, THERE'S NO DIFFERENCE
BETWEEN THEORY AND PRACTICE. IN
PRACTICE. THERE IS AND EVEN IN
THEORY, THOUGH, OTHER STATES
LOOK AT CALIFORNIA SYSTEM OF
ADMINISTERING WATER RIGHTS WITH
A MIX OF SHOCK AND
DISAPPOINTMENT AND WONDER HOW WE
CAN POSSIBLY IMPLEMENTED. IN
PRACTICE, IT'S EVEN HARDER TO
IMPLEMENT THAN THEY MAY THINK,
ALTHOUGH THE WATERBOARD REALLY
DOES A HEROIC JOB OF TRYING TO
IMPLEMENT IT WITH THE TOOLS IT
HAS, UH, I'VE OFTEN SAID, AND
I'VE HAD MANY JOBS THAT I'VE
NEVER HAD A JOB AS I DID AT THE
WATER BOARD WHERE I SAID, YOU'VE
GOT TO BE KIDDING ME SO MANY
TIMES, AND IT WAS ALMOST ALWAYS
ABOUT WATER RIGHTS. WHAT
OBLIGATIONS WERE WHAT TOOLS WE
HAD OR DIDN'T HAVE. WHAT DATA WE
HAD OR HADN'T HAVE SOME OF WHAT
YOU'VE HEARD ABOUT TODAY. SO MY
OBSERVATIONAL GONNA FALL INTO
FOUR CATEGORIES. YOU'VE ALREADY
HEARD ABOUT THEM AND YOU'RE
ALREADY CONSIDERING ADDRESSING
WHICH IS HANDY. FIRST THE SHEER
COMPLEXITY OF HAVING MULTIPLE
WATER RIGHTS SYSTEMS WHICH WE
HAVE MAKES US UNIQUE. THE LACK
OF CLEAR, ACCESSIBLE AND TRUDE
UP DATA INFORMATION THAT SHOULD
BE IMPORTANT FOR BOTH WATER
RIGHTS HOLDERS AND
ADMINISTRATION OF THE SYSTEM.
UNWIELDY PROCESSES. THIRD WERE
DELAY CAN BECOME AN END IN
ITSELF. AND FRANKLY, NUMBER
FOUR, A LACK OF STAFFING AND
FUNDING TO DO THE JOB THAT THE
WATER BOARD IS TASKED WITH
DOING. SO LET'S TALK ABOUT
COMPLEXITY FOR A SECOND. WE
DON'T HAVE ONE WATER RIGHTS
SYSTEM. WE HAVE A SYSTEM OF
SYSTEMS OR EVEN A SYSTEM WITH
COMPONENTS AND CONCEPTS THAT
DIFFER WILDLY. YOU KNOW, LET'S
BREAK IT INTO FOUR, THOUGH. UH
MR ENGELS SLIDE THAT SHOWED ALL
OF THE OLYMPIC RINGS THAT WERE
IN THE IN THE OLYMPICS. ALSO
TRUE. FIRST WE HAVE THOSE
RIPARIAN RIGHTS THAT WERE
MENTIONED WHERE THE WATER RIGHTS
HOLDERS AND THEORIES SHARE
CORRELATIVE LEE THEIR ABILITY TO
TAKE FROM THE STREAM. THEY CAN'T
STORE IT. THEY CAN'T TRANSFER
IT. THEN WE HAVE TWO DIFFERENT
SETS OF APPROPRIATE WRITES THE
PRE 14TH YOU'VE HEARD ABOUT THAT
DON'T HAVE TO GET PERMITS AND
THE POST 14 APPROPRIATE OF ONES.
THEY'RE THEY'RE BOTH SET UP ON A
SENIORITY SYSTEM FIRST IN TIME,
FIRST AND RIGHT, AND FRANKLY,
SOME PEOPLE CLAIM BOTH, AND THE
WATER BOARD'S BEEN SPENDING TIME
TRYING TO SORT THAT OUT AND GET
FOLKS TO ELECT. THEN FINALLY WE
HAVE GROUNDWATER, WHICH IS
INHERENTLY CORRELATIVE. AND WE
HAVE SIGMA, CREATING AN
ALTERNATE PATH TO COURT
ADJUDICATION TO TRY AND SETTLE
THE RELATIVE RIGHTS AND MANAGE
WHAT IS A SHARED RESOURCES UNDER
THE GROUND. OTHER STATES DO NOT
HAVE THIS MANY DIFFERENT SYSTEMS
. THEY DON'T, FOR EXAMPLE, WHEN
OTHER STATES MOVED TO CODIFY
APPROPRIATE OF RIGHTS FROM
RIPARIAN BACK IN IN THE 18TH
CENTURY LEVEL IN THE 19TH
CENTURY, THEY OR THE 19TH
CENTURY, LET ALONE THE 20TH
CENTURY, THEY SHIFTED AWAY FROM
RIPARIAN RIGHTS RATHER THAN
LAYERING A NEW SYSTEM ON AND
ALTHOUGH ALL WESTERN STATES
EMPLOY THE PRIORITY SYSTEM THAT
HAD ITS ORIGIN IN MINING CLAIMS.
THEY DO NOT TREAT JUNIORS AND
SENIORS QUITE AS DIFFERENTLY AS
WE DO WHEN WE TREAT ONE CLASS AT
3 14 WATER RIGHTS HOLDERS WHO
PROCEEDED THE PASSAGE OF THE
WATER COMMISSION ACT VERY
DIFFERENTLY FROM THOSE WHO CAME
AFTER. I MEAN THIS MAY JUST BE
THE RESULT OF WHAT COULD GET
PAST AT THE TIME, WHICH IS HOW A
LOT OF LEGISLATION EVOLVES OVER
TIME, BUT WE SEEM TO HAVE FAR
MORE DIFFICULTY THAN OTHER
STATES IN DEVELOPING ONE
INTELLIGIBLE SYSTEM WITH COMMON
TREATMENT AND METRICS FOR ALL
WATER RIGHTS HOLDERS. EVEN IN
THE SENIORITY SYSTEM. THEIR
HISTORICAL REASONS WHY IT
HAPPENED, BUT IT MAKES OUR
SYSTEM OR SYSTEMS DIFFICULT TO
IMPLEMENT. AS I MENTIONED A
MOMENT THEY'VE MANAGED TO HAVE
SENIORITY BASED SYSTEMS THAT ARE
MORE TRANSPARENT, QUANTIFIED AND
MANAGEABLE IN A WAY THAT CAN BE
SEEN BY ALL MANY WESTERN STATES
DO MANAGE SERVICE AND GUAN WATER
INDEPENDENTLY, ALTHOUGH THEY
WERE ONCE ALL CONNECTED, BUT
THEY DO TEND TO MANAGE THEM MORE
SIMILARLY, AND ARE MORE
INTEGRATED MANNER THAN WE DO
WHERE WE MANAGE THEM COMPLETELY
SEPARATELY, EXCEPT WHERE THE
INTERCONNECTION IS STILL QUITE
OBVIOUS. WE NOW HAVE SIGMA,
WHICH IS WORKING ITS WAY THROUGH
IMPLEMENTATION, WITH MANY GOOD
PEOPLE WORKING HARD. IN
COMMUNITIES TO GET TO
SUSTAINABILITY AND OTHERS
HELPING THEM FIGURE OUT HOW TO
GET TO SUSTAINABILITY. SO I'M
NOT GOING TO ADDRESS GROUNDWATER
FURTHER THIS MORNING. I JUST
RAISE IT TO NOTE IT HAS ANOTHER
BIG DIFFERENCE WITH MANY IF NOT
ALL WESTERN STATES AND I KEEP
SAYING WESTERN STATES BECAUSE
EASTERN STATES DO IT VERY
DIFFERENTLY THAN THE WESTERN
STATES THAT RELY ON THE
SENIORITY SYSTEM. THIS
COMPLEXITY AND DIFFERING
TREATMENT AFFORDED DIFFERENT
TYPES OF WATER RIGHTS AT ITS OWN
LEVEL OF EFFORT, COST AND
CONFUSION, TOO MANY WATER RIGHTS
HOLDERS IN THE PUBLIC. IT ALSO
LEADS TO A LACK OF UNDERSTANDING
ABOUT WHAT WATER RIGHTS REALLY
ARE ACROSS THE PUBLIC POLICY
DISCOURSE AND BECAUSE OF THE
OTHER CHALLENGES OF HOW LITTLE
WE BUILT OUT THE DATA AND ACTUAL
RELATIVE RIGHTS OF OUR WATER
RIGHTS HOLDERS. IT LEADS TO
YEARS OF LITIGATION ON BASIC
CONCEPTS. AND THE ABILITY FOR
PEOPLE TO BELIEVE THEIR WATER
RIGHTS OR SOMETHING OTHER THAN
THEY MAY BE, AND A CHAOTIC
PUBLIC DISCOURSE ON IMPORTANT
PUBLIC POLICY DECISIONS. LET'S
TALK ABOUT DATA FOR A MINUTE OR
THE LACK OF A CLEAR, ACCESSIBLE
AND QUANTIFIED SET OF DATA
ACROSS THE WATER RIGHTS SYSTEM.
I'M JUST GONNA GIVE YOU A COUPLE
OF THOUGHTS HERE, AND YOU'VE
ALREADY HEARD ABOUT IT BOTH IN
TERMS OF THE TECHNICAL
CAPABILITY TO ACQUIRE A NEWS
DATA IN TERMS OF OUR LEGAL
CAPACITY TO USE IT. IT'S A HUGE
ISSUE AND ONE WE PRIORITIZED
IMPROVING IN THE LAST DROUGHT.
WE NEED A CLEAR DATA TO EVEN LAY
A FOUNDATION FOR A REALISTIC
CONVERSATION ABOUT WATER RIGHTS
. IN THE ABSENCE OF THAT DATA,
WATER RIGHTS ARE AN ASSERTION
OFTEN DEEPLY HELD BY VERY NICE
PEOPLE OF WHAT THEY ARE BY
THOUSANDS OF WATER RIGHTS
HOLDERS MANY TIMES IN CONFLICT
WITH EACH OTHER. AND WHILE
CONFLICTS BETWEEN WATER USERS
AND ENVIRONMENTAL GOALS
FREQUENTLY CAPTURED THE
HEADLINES, THE CONFLICTS BETWEEN
WATER USERS ARE EVEN GREATER IN
TIMES ARGUING ABOUT WHOSE
MOLECULE IT IS IN A GIVEN BODY
OF WATER ONCE YOU GET TO THE
DELTA SO AH, THERE THESE
CONFLICTS BETWEEN JUNIORS AND
SENIORS, OF COURSE, THE MORE
SENIOR BUT ALSO CONFLICTS OVER
STORED WATER GOING BY A
DIVERSION THAT A SENIOR IS
FRANKLY NOT ENTITLED TO, AS WELL
AS OTHER CONFLICTS. SO
TECHNICALLY, WE DON'T HAVE
ANYWHERE NEAR THE NUMBER OF
STREAM GAUGES OR OTHER MODERN
MEASUREMENT DEVICES. WE NEED TO
TELL US WHAT'S GOING ON ANYTHING
CLOSE TO REAL TIME. THIS IS
IMPORTANT FOR THE INTEGRITY OF
WHATEVER SYSTEM OR SYSTEMS THAT
WE HAVE, AND IT IS IMPORTANT IN
MANAGING THE NATURAL RESOURCES,
PUBLIC HEALTH AND WATER RIGHTS
ADMINISTRATION OF THE SYSTEM.
THIS IS IMPROVING WITH REALLY
HARD WORK BY THE WATER RIGHTS
STAFF, THE DELTA WATER MASTERS
WORK AND THE INTRODUCTION OF
BETTER REMOTE SENSING AND OTHER
APPROXIMATION TOOLS AND THE
COLLABORATIVE WORK OF MANY
STAKEHOLDERS TO TRY AND FIND
WAYS TO ACCURATELY ASSESS WHERE
WATER IS WHO'S IT MAY BE AND
WHAT THE IMPACT OF WHERE IT IS
AND WHERE IT ISN'T IS YOU ARE
GAVE THE WATERBOARD THE
AUTHORITY TO ORDER MEASUREMENT
DEVICES FOR THE FIRST TIME IN
2015, AND WE DID THOSE RAGS IN
2016, BUT THEY AREN'T ANYWHERE
NEAR COMPLIED WITH YET.
FORTUNATELY YOU AND THE
ADMINISTRATION HAVE GIVEN THE
WATERBOARD SOME MORE STAFFING
AND RESOURCES TO BOTH DIGITIZE
THE DATA AND WATER RIGHTS THAT
WE DO HAVE AND TO ENFORCE SOME
OF THE RULES ON THE BOOK, BUT
IT'S A VERY SMALL STEP COMPARED
TO THE NEEDS OF A MODERN SYSTEM
OR SYSTEMS THAT SAID. IT'S A
START AND WE NEED ALL THAT AND
MORE. PROCESS I COULD SPEND ALL
DAY ON THIS. I WON'T JUST A FEW
COMMENTS WITH RESPECT TO HOW WE
USE THE DATA THAT WE DO HAVE IN
OTHER STATES, THE STATE OR LARGE
SWATHS OF THE STATE OR
ADJUDICATED OR QUANTIFIED. THESE
ARE PROCESSES THAT CAN TAKE
DECADES. BUT THEY STARTED
DECADES AGO AND WE DIDN'T ACCEPT
IN SOME RIVER REACHES BUT NOT
THE BIG ONES TO TAKE JUST A
COUPLE OF EXAMPLE. UM BUT I
DON'T KNOW. FINISHED THE SNAKE
RIVER ADJUDICATION AFTER 27
YEARS, JUST DURING THE LAST 10
YEARS, AND A LOT OF CALIFORNIANS
WENT TO THAT CELEBRATION TO GO
TAKE A LOOK. COLORADO'S
QUANTIFIED THEIR WATER RIGHTS
DOWN TO WHAT RUNS OFF URBAN
HOUSES AND LOTS OUR SYSTEM, AS
HAS BEEN SAID CAME OUT OF MINING
CLAIMS PROCESSES ORIGINALLY, BUT
WITHOUT THE RIGOR OF FINALLY IN
POLICING THOSE CLAIMS THAT THE
MINING RIGHTS HAD AND MOST OTHER
STATES WERE FORMED, HOW THEY
ADMINISTERED THESE BY DIFFERENT
TIMES IN THE 20TH CENTURY TO
MAKE THEIR SYSTEMS MORE
INTELLIGIBLE AND WORKABLE WITH
THE ABILITY TO ASSESS THE RIGHTS
OF EACH WATER RIGHTS HOLDER AND
HOLD THEM ALL ACCOUNTABLE TO
EACH OTHER. SEEING THAT AS GOOD
GOVERNMENT IMPORTANT TO COMMERCE
. IMPORTANT TO THE ENVIRONMENT
IMPORTANT JUST AS GOOD PUBLIC
POLICY, THE ACCOUNTING WAS
SORTED OUT AND VERY DIFFERENT
WAYS, BUT ALL LEAD TO SOME LEVEL
OF PREDICTABILITY AND
TRANSPARENCY AND A METHOD FOR
ENFORCING THE SYSTEM AGAIN, ALL
SOMEWHAT DIFFERENT, BUT THEY'RE
ALL MORE QUANTIFIED AND
TRANSPARENT THAN OURS. PROCESS
IN GENERAL FOR IMPLEMENTING THIS
IN A WORD, LABORIOUS. SENIOR
WATER RIGHTS HOLDERS, AS YOU'VE
HEARD, DO NOT HAVE TO OBTAIN A
PERMIT AND DO NOT PAY ANY FEES
TO ADMINISTER THE SYSTEM. NOR DO
RIPARIAN RIGHTS HOLDERS.
ALTHOUGH AS SENIORS THEY BENEFIT
THE MOST FROM THE ADMINISTRATION
OF THE WATER RIGHTS SYSTEM,
SENIORITY SYSTEM. JUNIOR WATER
RIGHTS HOLDERS DO PAY FEES AND
NEED TO GET PERMITS, BUT THEY DO
NOT HAVE TO TRUE UP THEIR WATER
RIGHTS TO A LICENSE, WHICH WOULD
CLEARLY SHOW WHAT THEIR RIGHTS
ARE VERSUS WHAT THEY CLAIM. IN
THEORY, THEY DO, BUT THEY DON'T
BOTH NOW HAVE TO REPORT THEIR
USE YEARLY, WHICH IS PROGRESS
GAINED THROUGH LEGISLATION AND
2009 AND 2014 AND 15 AND IS
NOTED IF IN DESIGNATED PLACES
AND AT SIGNIFICANT SCALES, THEY
NOW HAVE TO MEASURE WHAT THEY
REPORT IN SOME APPROVED
MEASUREMENT MANNER. IN THEORY,
THESE ARE RELATIVELY BIG STEPS
FORWARD THAT THE LEGISLATURE HAS
MADE OVER THE LAST DECADE OR SO,
FROM WHERE WE WERE, BUT AGAIN,
AS I SAID, BEFORE, ONLY BABY
STEPS COMPARED TO OTHER STATES.
BECAUSE WATER RIGHTS ARE A
PROPERTY RIGHT, ALBEIT A USE,
RIGHT AND NOT A FEE, RIGHT? MUCH
DECISION MAKING AFFECTING THEIR
RIGHTS REQUIRES AN EVIDENTIARY
ADJUDICATORY HEARING, WHICH CAN
TAKE A LOT OF TIME. AND A LOT OF
STAFFING TO RESOLVE. BACKLOGS
ARE BIG, ALTHOUGH THEY MAY BE
GETTING BETTER WITH THE ADDITION
OF LJ'S THANK YOU VERY MUCH FOR
THAT. UM I'VE SEEN THE
WATERBOARD STEP IN AND STEP UP
IN THE LAST FEW YEARS TO TAKE ON
MORE DISPUTE RESOLUTION AND
ADJUDICATIONS, WHICH IS ALL TO
THE GOOD, BUT THERE'S A NEED FOR
MORE. AND AS YVONNE, WEST
ILLUSTRATED ENFORCEMENT IS
AMAZINGLY COMPLEX AND UNWIELDY,
MAKING IT CLEARER AND MORE
IMPLEMENTED. BLE IS AGAIN JUST
GOOD PUBLIC POLICY. THE FACT
THAT THERE'S NO INTERIM RELIEF
AS FUTURE SPEAKERS WILL ALSO
ADDRESS UM, IS A CHALLENGE AND
THE WATER BOARD DOES AN AMAZING
JOB WITH THEIR HANDS TIED BEHIND
THEIR BACK. WEARING BLINDFOLDS
WITH PAPERCLIPS AND RUBBER
BOUNDS. AND WE NEED TO FIND WAYS
TO MAKE THIS MUCH, MUCH EASIER
TO ADMINISTER. ONE PLACE WHERE
CALIFORNIA IS ACTUALLY AHEAD OF
OTHER STATES IS IN ITS
THEORETICALLY ROBUST TOOLS FOR
PROTECTING THE PUBLIC TRUST
RESOURCES AND IN DETERMINING
WASTE ON REASONABLE USES, AS HAS
BEEN MENTIONED, BUT THOSE ARE
JUST AS CHALLENGING TO IMPLEMENT
IN A LABORIOUS PROCESS THAT'S
FRAUGHT WITH OPPORTUNITIES FOR
DELAY, AND WE CERTAINLY HAVE NOT
BEEN ABLE TO MEET OUR
OBLIGATIONS HERE TO THE PUBLIC,
EXCEPT OCCASIONALLY AND IN
NOTABLE WAYS BOTH IN THE
EMERGENCY REGULATIONS THAT WERE
LAID OUT IN YVONNE WEST
PRESENTATION, BUT OCCASIONAL
MOMENTS AT MONO LAKE AND IN THE
BAY DELTA, BUT NOT NEARLY AS
MUCH AS WE NEED TO ACROSS WATER
. ROY'S ACROSS THE ENTIRE STATE.
IF WE COULD FIND A WAY TO MORE
QUICKLY ESTABLISHED THE
ENVIRONMENTAL NEEDS AND THE
RELATIVE RIGHTS OF WATER RIGHTS
HOLDERS ON SCORES OF IMPORTANT
WATERWAYS, WE WOULD HAVE A MORE
RATIONAL AND WORKABLE SYSTEM AND
WOULD BE DOING SOMETHING VERY
IMPORTANT FOR THE PEOPLE HERE
NOW AND FOR PEOPLE IN THE
FUTURE. ALSO BE GREAT TO ALLOW
THE WATER BOARD TO INITIATE
ADJUDICATIONS RATHER THAN HAVING
TO WAIT FOR PETITIONS TO DO SO.
UM AND FRANKLY, MANY WATER
RIGHTS HOLDERS STILL ARGUING IT
NEEDS TO BE LITIGATED OVER AND
OVER AND OVER AGAIN THAT THE
WATER BOARD HAS NO AUTHORITY
OVER THEM AT ALL. ALL OF THIS
TAKES TIME. IT CREATES CONFUSION
AND DISTRUST AND DETRACTS FROM
THE CHALLENGING WORK. THAT IS
ONLY GOING TO GET MORE
CHALLENGING WITH CLIMATE CHANGE
TO FIGURE OUT HOW TO HAVE A
WORKABLE SYSTEM, RESOLVE
CONFLICTS AND HAVE A SYSTEM
THAT'S CLEAR TO ALL. FINALLY
FUNDING AND STAFFING. THIS IS
NOT A PANACEA BUT A REAL
NECESSITY. GIVEN THE COMPLEXITY
OF THESE MULTIPLE SYSTEMS AND
PROCESSES, THE WATER BOARD HAS
NEVER BEEN STAFFED ANYWHERE NEAR
THE LEVEL NECESSARY TO FIGURE
OUT THE TANGLE OF RELATIVE
RIGHTS WITH THE TOOLS THAT THEY
DO HAVE AND TO IMPLEMENT THE
SYSTEM AS IT SHOULD BE. IN
THEORY, IN THEORY, WE SHOULD BE
CURTAILING IN MANY MORE YEARS
THAN WE DO. UM SINCE WE DIDN'T
OVER MANY YEARS WHEN WE DID STEP
UP TO DO IT IN THE HISTORIC
DROUGHT. OF THE MIDDLE OF THE
LAST DECADE. WE WERE ACCUSED OF
TAKING AWAY WATER RIGHTS WHEN IN
FACT WE WERE SIMPLY TRYING TO
IMPLEMENT THE LAW AS IT WAS
WRITTEN, BUT HAD NOT BEEN IN
PREVIOUS YEARS, LET ALONE
ROUTINELY AGAIN, IT'S BEEN
MENTIONED SENIOR WATER RIGHTS
HOLDERS WHO DON'T NEED FORMAL
PERMITS UNDER THE WAY OUR SYSTEM
IS CONSTRUCTED. DO NOT PAY FEES
THE LEGISLATURE HAS GIVEN
GENERAL FUNDS TO HELP
ADMINISTRATE THE PROGRAM THAT
PERTAINS TO THEM. YET THEY ARE
THE PEOPLE WHO THEORETICALLY
BENEFIT THE MOST FROM THE SYSTEM
. WE HAVE, AS THE WATER BOARD IS
CHARGED WITH CURTAILING MORE
JUNIOR USERS IN FAVOR OF MORE
SENIORS. YOU KNOW FEES CAN ALSO
INCENTIVIZE BETTER REPORTING.
I'LL SIMPLY SAY THAT BUT THIS IS
NOT TO PICK ON SENIORS. IT'S
JUST NO MATTER HOW YOU SLICE IT.
WE NEED MORE MONEY. WE DON'T
HAVE A PUBLIC GOODS CHARGES WE
DO IN ENERGY. WE DON'T HAVE A
FUND THAT WOULD NORMALLY HELP
DEFRAY THE COST OF IMPLEMENTING
A SYSTEM AND WE PUT IT ALL ON A
FEED BASE OF A SUBSET. OF THE
WATER USERS AND THEN NEED TO
SUPPLEMENT IT WITH GENERAL FUNDS
AND SO AS A RESULT, THE SIZE OF
THE STAFFING AND THE ABILITY OF
WHAT WE CAN DO IS SERIOUSLY
CONSTRAINED. AGAIN I SUSPECT THE
WATERBOARD WOULD NEED MORE STAFF
TO IMPLEMENT EVEN MORE
STREAMLINED SYSTEM BUT A MORE
STREAMLINED, QUANTIFIED AND
CLEAR SYSTEM WHICH REALLY BE
LESS EXPENSIVE TO IMPLEMENT THAN
THE ONE WE HAVE NOW AND WILL BE
BETTER PUBLIC POLICY. ERIC ECTO
MENTIONED A POINT ABOUT HOW
STAFF IN THE EMERGENCIES WERE.
THE WATERBOARD GETS THE
AUTHORITY TO STEP UP AND DO A
LOT OF THINGS IN A CONCENTRATED
TIME DETRACT STAFF FROM OTHER
WORK AS CERTAINLY IN THE DROUGHT
THAT I WAS MORE INVOLVED IN IN
THE MIDDLE OF THE LAST DECADE,
THE STEP THAT HAD TO GO MOVE TO
WORK ON ALL OF THESE DROUGHT
MEASURES IN THIS INCREDIBLY
COMPLEX WORLD. DELAYED THE WATER
QUALITY CONTROL PLAN PROCESS FOR
THE SAN JOAQUIN AND THE ADULT IN
SACRAMENTO PROPER BY EARS
BECAUSE IT WAS ALL THE SAME
PEOPLE. THESE AREN'T SIMPLE
ISSUES IN CONCLUSION, AND THE
EXISTING SYSTEM IS ONE THAT
COMMUNITIES HAVE RELIED ON FOR
OVER 100 YEARS. SO I WANT TO SAY
IT IS NOT EASY TO CHANGE IT AT
ANY CHANGE SHOULD BE CONSIDERED
VERY, VERY THOUGHTFULLY. YOU
KNOW, THERE ARE HOPES AND DREAMS
WRAPPED UP IN EVERY CONVERSATION
WITH WATER USERS AND WITH ONE
USERS, HOPES AND DREAMS
COLLIDING WITH OTHERS BE THE
OTHER WATER USERS OR FISH AND
WILDLIFE OR OTHER COMMUNITIES.
ENVIRONMENTALISTS INDIGENOUS
COMMUNITIES AND THE LIKE, SO
IT'S VERY DIFFICULT. BUT AT THE
VERY LEAST GOOD PUBLIC POLICY
SUGGESTS THAT WHATEVER SYSTEM WE
HAVE BE MORE TRANSPARENT AND
IMPLEMENTED BLE THAN THE TOOLS
THE WATERBOARD IS LEFT WITH NOW
WHERE THEY CAN ONLY ACT QUICKLY
IN A REASONABLE TIME FRAME
DURING A CRISIS WHEN A GOVERNOR
ISSUES AN EXECUTIVE ORDER, THE
CRISIS AHEAD WILL MAKE OUR
CRISIS TODAY LOOK LIKE A PICNIC
, SO WE NEED TO INVEST IN A
SYSTEM THAT CAN WORK FOR
EVERYONE, BOTH WATER RIGHTS
HOLDERS AND THE PUBLIC'S
INTEREST IN GOOD GOVERNMENT AND
PROTECTING THE ENVIRONMENT. I
COMMEND YOU FOR BEING WILLING TO
CONSIDER THIS VERY, VERY HIGH
VALUE BUT NOT SO GLAMOROUS ISSUE
OF HOW TO MAKE WATER RIGHTS WORK
BETTER. IT'S NOT SOMETHING TO BE
RESOLVED IN A DAY, BUT I
APPRECIATE YOU STARTING THE
JOURNEY AND I ENCOURAGE YOU TO
SPEND SOME TIME IN THE FUTURE
LOOKING AT WHAT OTHERS HAVE DONE
IN OTHER STATES AND COUNTRIES.
IT'S A WIDE MENU OF OPTIONS NOT
TO ADOPT ANY OF THEM. BUT TO
CHOOSE FROM AND CONSTRUCT WHAT'S
APPROPRIATE FOR CALIFORNIA, THE
PP. I SEE RECOMMENDATIONS ARE A
GOOD START, AS ARE THE
RECOMMENDATIONS THAT WILL FOLLOW
ME, BUT I'LL HOLD SPECIFIC
RECOMMENDATIONS UNTIL I HEAR
MORE THROUGH THIS HEARING AND
THE OTHERS YOU WILL NOW NO DOUBT
HAVE IS ONCE A BOARD MEMBER,
ALWAYS SUPPORTED MEMBER, SO
THERE'S MORE TO BE SAID, BUT YOU
HAVE A LOT OF FINE SPEAKERS WITH
TONS OF EXPERIENCE IN THIS
FIELD, SO JUST THANK YOU. THANK
YOU VERY MUCH FOR HAVING ME
TODAY AND I LOOK FORWARD TO
WATCHING YOUR PROGRESS. THANK
YOU. AND UH, I APPRECIATE YOUR
COMMENT ABOUT HOW IS THE START
OF A JOURNEY. AS I SAID, I HAVE
EIGHT MORE YEARS, BUT MANY
SITTING HERE HAVE MORE THAN
THAT. SO WE'VE GOT THE TIME TO
TRY TO MAKE A DENT IN THIS.
MORASS UM, ANY QUESTIONS FROM MY
COLLEAGUES? I HAVE A QUESTION.
UM FOR YOU, MS MARCUS? SO I HAVE
STARTED STUDYING SORT OF SOME OF
THE DIFFERENT WATER RIGHTS
SYSTEMS ABROAD AND DOMESTICALLY
AND I'M CURIOUS IF YOU HAVE
SPECIFIC WATER RIGHTS SYSTEMS,
BE IT ANOTHER STATE OR ANOTHER
COUNTRY THAT YOU THINK WE COULD
LEARN FROM WELL, I THINK
LEARNING FROM A NUMBER OF THEM
IS ALWAYS, UM, HELPFUL IN A LOT
OF STATES THAT REFER TO IT AS
WATER TENURE A LITTLE DIFFERENT
THAN WATER RIGHTS, AND THEY THEY
EVOLVE IT MORE EASILY THAN WE DO
IN THE EASTERN U. S. FOR EXAMPLE
, THEY DON'T HAVE THE SENIORITY
SYSTEM AND APPROPRIATE IT AND
THEY TAKE A MORE EQUITABLE SORT
OF CORRELATIVE VIEW OF THIS WITH
PERMITS THAT GET, UM REALLY NOT
NOT FOR A COUPLE OF YEARS, BUT
20 OR 30 YEARS, NOT SAYING
THAT'S THE WAY TO GO, BUT IT'S A
INTERESTING MODEL. I THINK ONE
PLACE THAT'S ALWAYS USEFUL TO
LOOK AT, AND MANY PEOPLE
MISQUOTE ALL THE TIME. IS
AUSTRALIA AND I THINK AGAIN I
DON'T THINK ADOPTING THEIR MODEL
IS A GOOD IDEA BECAUSE THERE ARE
PARTS OF IT. I LIKE AND PARTS OF
IT. I DON'T BUT THERE ARE REALLY
INTERESTING THING THEY'VE DONE
OVER THE COURSE OF THE LAST 100
OR SO YEARS FOR, FOR EXAMPLE, UM
, UH, ONE OF THEIR SENIOR
OFFICIALS VISITED CALIFORNIA TO
SEE HOW OUR SYSTEM WORKS. AROUND
THE LATE 18 HUNDREDS OR EARLY 19
HUNDREDS IT JUST AS PEOPLE FROM
OTHER STATES DID, BECAUSE OURS
WAS KIND OF ONE OF THE FIRST AND
PEOPLE MIMICKED IT, UM BUT
ORIGINALLY AND LIKE OTHER
WESTERN STATES, THEY DECIDED TO
CHANGE HOW THEY ADMINISTERED IT
RELATIVELY EARLY. UM AND IN
AUSTRALIA WHILE THEY STILL HAVE
A SENIORITY SYSTEM, THEY MOVED
TO SHARES. BETTER THAN IN THE
CASE OF A DROUGHT. PEOPLE IN A
COUPLE OF CLASSES. SHARE
CORRELATIVE LEE AGAIN. LIKE YOU
WOULD WITH RIPARIAN OR WITH
GROUNDWATER IN THE SHORTAGE, SO
YOU HAVE A COUPLE OF CLASSES OF
PEOPLE WHO WERE TREATED MORE OR
LESS THE SAME. UNLIKE THE SYSTEM
WE HAVE NOW WHERE IT'S FIRST IN
TIME, FIRST AND RIGHT BY THE
NANOSECOND, AND YOU'VE GOT TO
FIGURE IT OUT WITH ALL THOSE
7000 PIECES OF PAPER AND FIGURE
IT OUT, AND PEOPLE CAN ARGUE
ABOUT IT AND FIGHT ABOUT IT. UH
FOREVER. THERE THEY'VE
REGULARIZE THEIR SYSTEM. AND
THEY USE SHARES. I'M
OVERSIMPLIFYING. THEN, IN THE IN
THE I'M JUST GIVING. I'LL JUST
GIVE YOU ONE OR TWO MORE
EXAMPLES WITH THEM THAN IN THE
THINK. IN THE EIGHTIES, THEY HAD
A NATIONAL MARKETING INITIATIVE
WHERE THEY WERE REALLY FOCUSED
ON DIGITIZING NOT DIGITIZING,
BUT, UH, FIGURING OUT HOW TO
MEASURE EVERYTHING BECAUSE THEY
THOUGHT IT WOULD GIVE THEM A
MORE COMPETITIVE EDGE IN THE
WORLD TO ACTUALLY KNOW. SO THEY
DID A LOT OF WORK IN THAT. ARENA
AND THEN IN THEIR BIG MILLENNIAL
DROUGHT. THEY ALSO MADE CHANGES
THAT PEOPLE TEND TO REFER TO AS
IF THEY'RE THE ONLY REFORMS THEY
DID. THAT HAD TO DO WITH TRADING
AND OTHER THINGS. I WON'T GET
INTO THAT BECAUSE I THINK THAT'S
A WHOLE ANOTHER SET OF ISSUES,
BUT I THINK JUST THINKING ABOUT
HOW YOU CAN HAVE A SYSTEM THAT'S
MORE NEIGHBORLY, FRANKLY AND
MORE TRANSPARENT, SO PEOPLE
DON'T HAVE TO GUESS IF SOMEONE'S
ADVANTAGE OR NOT, AND THEY KNOW
WHAT'S GOING TO HAPPEN, UH, IN A
CASE OF SHORTAGE IS MORE
HELPFUL, AND I WOULD SUSPECT IF
WE LOOK AT MORE COUNTRIES. IT
SEEMS THAT MORE COUNTRIES AND
STATES HAVE THAT THEN WE DO.
INTERESTING THANK YOU SO MUCH.
AND I REALLY ONE OF MY TAKEAWAYS
TODAY IS GOING TO BE WHAT THE
COUNCIL MEMBER SAID THAT THE
FISH ARE ACTUALLY THE MOST
SENIOR WATER RIGHTS HOLDERS.
THEY WERE HERE FIRST. THEY ARE
SO THANK YOU ALL. IF THERE'S NO
MORE QUESTIONS, THEN WE'LL MOVE
ON TO OUR LAST PANEL. AND I WILL
SAY THAT ALL OF THE PEOPLE ARE
SPEAKING TODAY ARE INCREDIBLE
RESOURCES AND ARE AVAILABLE TO
CHAT WITH US OUTSIDE OF THIS
ANYTIME WE WANT TO LEARN FROM
THEM, SO. HÌ PANEL IS HERE IN
PERSON. THAT'S FUN. IT'S LIKE
EVERY OTHER PANEL. AWESOME SO IN
THIS PANEL, WHICH WILL FOCUS ON
PROPOSALS FOR MODERNIZING WATER
RIGHTS ADMINISTRATION, SO WHERE
SHOULD WE GO WITH ALL OF THIS
LEARNING? UM WE HAVE RICHARD
FRANK, PROFESSOR ENVIRONMENTAL
PRACTICE AND DIRECTOR OF
CALIFORNIA ENVIRONMENTAL LAW AND
POLICY CENTER. U C. DAVIS
JENNIFER HARDER, PROFESSOR
MCGEORGE SCHOOL OF LAW. DAVID
GUY, PRESIDENT OF THE NORTHERN
CALIFORNIA WATER ASSOCIATION,
AND RUSSELL MCLAUGHLIN,
COUNSELOR TO MELVIN E. MY ALMA
MATER. WELCOME. START WITH MR
FRANK, IS THAT THANK YOU, MADAM
CHAIR HAPPY TOO HAPPY TO BE
HERE. UM I AT U C. DAVIS I TEACH
A NUMBER OF ENVIRONMENTAL
COURSES INCLUDING WATER LAW AND
ENVIRONMENTAL ENFORCEMENT, UM,
JOINED BY PROFESSOR HARDER. WHO
WILL GIVE A BROADER, MORE
DETAILED INTRODUCTION, BUT SHE
IS ONE OF THE PREEMINENT STATE
EXPERTS IN WATERLOGGED UH, IN
CALIFORNIA. WE'RE CONFRONTING
21ST CENTURY CLIMATE CHANGE,
DROUGHT AND WATER SUPPLY
PROBLEMS WITH THE 20TH CENTURY
SYSTEM OF CALIFORNIA WATER
INFRASTRUCTURE AND 1/19 CENTURY
SYSTEM OF WATER RIGHTS, AND THAT
THAT'S A PROBLEM OUR WATER
RIGHTS SYSTEM AND IT HAS BEEN
ALREADY DISCUSSED TODAY IS
ANTIQUATED, RELATIVELY AH,
INFLEXIBLE, UH AND REALLY, IN
MANY WAYS, NOT COMPLETELY BUT IN
MANY WAYS OUT OF STEP AND NOT
RESPONSIVE TO THE MODERN WATER
CHALLENGES THAT WE'RE FACING. WE
NEED A MORE NIMBLE SYSTEM. WE
NEED A MORE EFFICIENT SYSTEM OF
WATER RIGHTS THAN WE HAVE NOW,
THE PROBLEM. THESE PROBLEMS HAVE
BEEN HIGHLIGHTED BY THE MEDIA
RECENTLY. IN A COUPLE OF MAJOR
REPORT YOU ALREADY HEARD ABOUT
THE SHASTA RIVER SISKIYOU COUNTY
ISSUES THAT WAS A STORY BROKEN
BY THE SACRAMENTO BEE IN
NOVEMBER OF LAST YEAR. UH ALLUDE
TO THAT IN A LITTLE BIT MORE
DETAIL IN A MOMENT. BUT JUST
LAST WEEK, THE NEW YORK TIMES
TALKED ABOUT THE PROBLEM NOT
RELATED TO DROUGHT AND WATER
SHORTAGES, BUT WATER SURPLUSES.
AH WHEN IT LAST WEDNESDAY
REPORTED ON A NUMBER OF PARTIES
WANTED TO DIVERT AND CAPTURE
STORMWATER RUNOFF AND USE IT FOR
GROUNDWATER RECHARGE AND HAD
PERMITS PENDING FOR SOME TIME
BEFORE THE WATER BOARD, BUT THE
WATER BOARD WAS NOT ABLE TO ACT
ON THOSE PERMITS AND AUTHORIZED
THOSE, UH STORM WATER CAPTURE
PROJECT RECAPTURE PROJECTS ON A
TIMELY BASIS, AND THOSE PERMITS
WERE NOT ISSUED UNTIL THE
AVAILABILITY OF THE STORM. WATER
RUN A SUPPLIES WERE GONE OR
ALMOST ALMOST GONE. SO TO DEAL
WITH THESE KINDS OF PROBLEMS, A
SMALL GROUP OF WATER WONKS,
INCLUDING MYSELF, WERE RECRUITED
BY THE PLANNING CONSERVATION
LEAGUE FOUNDATION AND IN EARLY
2021 TO CONVENE AND DISCUSS AND
HOPEFULLY COME UP WITH CONSENSUS
SPACED REFORM RECOMMENDATIONS
HOW THE WATER RIGHTS SYSTEM
COULD BE MADE MORE LIMBO, NIMBLE
, MORE RESPONSIVE NOT NOT TO GUT
IT NOT TO REPLACE IT WITH
SOMETHING COMPLETELY NEW, BUT TO
IMPROVE IT. AH AND MAKE IT MORE
RESPONSIVE TO THE CURRENT
CONDITIONS. THAT GROUP, WHICH
CONSISTED OF A NUMBER OF WATER
LAW PROFESSORS AT ONE FORMER
WATER BOARD MEMBER AND ONE OF
THE STATE'S PREEMINENT AND THEN
RETIRED WATER LOT. EXPERTS
DELIBERATED FOR A FULL YEAR AND
IN JANUARY OF 2022 CAME UP WITH
A REPORT ON THAT VERY SUBJECT,
AND, UH AND MADE 11 SEPARATE
SPECIFIC RECOMMENDATIONS ON
SUGGESTED REFORMS WE'VE PROVIDED
PROVIDED THAT REPORT TO YOUR
COMMITTEE STAFF IN 2022 2 OF THE
RECOMMENDATIONS WERE INTRODUCED
IN THE FORM OF BILLS IN THE
LEGISLATURE AND THEY PASSED SB
12 05, WHICH EXPRESSLY DIRECTED
THE WATERBOARD. TO INCORPORATE
AND CONSIDER CLIMATE CHANGE
ISSUES IN ITS IN ITS WATER
ALLOCATION AND PLANNING
DECISIONS AND A SECOND BILL A B
21 OH, EIGHT, WHICH DIRECTED THE
BOARD AND AUTHORIZED THE BOARD
TO PROVIDE FUNDING TO
UNDERREPRESENTED COMMUNITIES AND
TRIBAL GOVERNMENTS TO MORE IN A
MEANING MEANINGFUL AND TIMELY
WAY TO PARTICIPATE IN BOARD
DELIBERATIONS. THIS YEAR. WE ARE
BACK, UH, WITH ADDITIONAL
SUGGESTIONS FROM OUR
RECOMMENDATIONS. UH AND I WANT
TO TALK VERY BRIEFLY ABOUT TWO
OF THOSE BEFORE I TURN THINGS
OVER TO PROFESSOR HARDER. THE
FIRST AND YOU'VE HEARD ABOUT
SOME OF THE PROBLEMS HERE, BUT
WE HAVE EXPLICIT RECOMMENDATIONS
ABOUT THE NEED TO INCREASE AND
ENHANCE THE WATER BOARDS
ENFORCEMENT POWERS WITH A
SPECIFIC FOCUS ON ITS AUTHORITY
TO ISSUE SO CALLED INTERIM
RELIEF BORDERS IN CALIFORNIA,
THE CALIFORNIA COURT SYSTEM AND
THE WATER WATER BOARD SHARE
CONCURRENT AUTHORITY. TO OVERSEE
AND ADMINISTER CALIFORNIA'S
WATER RIGHTS SYSTEM. COURTS IN
IN WATER DISPUTES THAT COME
BEFORE THEM, AND ANY NUMBER OF
CIVIL DISPUTES HAVE WELL
ESTABLISHED AUTHORITY TO ISSUE
INTERIM RELIEF IN THE FORM OF
TEMPORARY RESTRAINING ORDERS.
PRELIMINARY INJUNCTIONS, UM THE
BOARD, HOWEVER, BY CONTRAST, HAS
VERY LIMITED. AH INTERIM RELIEF
AUTHORITY. IT'S TIME CONSUMING.
IT'S IT'S REALLY INEFFICIENT AND
IT'S NOT ABILITY. IT'S NOT ABLE
TO EXERCISE THAT INTERIM RELIEF
AUTHORITY AS AS QUICKLY AS
COURTS ARE, WE BELIEVE, UM, THAT
THAT THE THAT WHAT? THE HEAD OF
ENFORCEMENT OF THE WATERBOARD
DELICATELY REFERRED TO AS
PROCEDURAL CHALLENGES RELATED TO
THAT THAT THAT IS AN
UNDERSTATEMENT. AT BEST. IT
REALLY IS A FLAW IN THE SYSTEM
WE BELIEVE THAT NEEDS TO BE
REMEDIED BY THE LEGISLATURE TO
CLARIFY AND EXPAND THE BOARD'S
AUTHORITY TO PROVIDE INTERIM
RELIEF, AND I WANT TO MAKE
STRESS THAT THAT DOESN'T MEAN
THAT THE PARTIES INVOLVED DON'T
GET DUE PROCESS. THEY DON'T GET
A HEARING. BUT JUST LIKE COURTS
, OFTENTIMES, AH FEEL COMPELLED
BY THE CIRCUMSTANCES TO ISSUE
IMMEDIATE COURT ORDER INTERIM
ORDER UNTIL A HEARING CAN BE
HEARD AND TO PREVENT TO PREVENT
DAMAGE FROM OCCURRING TO PARTIES
AND THIRD PARTIES. IN THE
INTERIM, SO TOO, SHOULD THE
BOARD HAVE THAT AUTHORITY. THE
RELATED PROBLEM THAT AGAIN HAS
BEEN HIGHLIGHTED BY THE SHASTA
RIVER CONTRETEMPS FROM LAST
YEAR. LAST SUMMER IS THE FACT
THAT THE CURRENT AUTHORITY OF
THE BOARD TO ASSESS CIVIL
PENALTIES ADMINISTRATIVELY IS IN
OUR VIEW, WOEFULLY INADEQUATE.
UH AND THE CHEST RIVER SITUATION
IS A POSTER CHILD. FOR WHY AND
HOW THAT IS THE CASE, BUT BUT
THAT'S BY NO MEANS AN ISOLATED
INCIDENT. IT'S JUST THAT I GUESS
TO THEIR PARTIAL CREDIT, THE
RANCHERS AND FARMERS IN SISKIYOU
COUNTY WERE VERY EXPLICIT ABOUT
WHAT THEY WERE DOING AND NOT
APOLOGETIC, BUT THE BOARD FINDS
THE FINES THAT ARE STATUTORILY
AUTHORIZED FOR THE BOARD TO
ASSESS ARE SIMPLY NOT ADEQUATE
OR NOT ENOUGH TO SERVE AS A
DETERRENT. TO ILLEGAL BEHAVIOR
AND TWO VIOLATIONS OF THE
BOARD'S AUTHORITY AND THE
BOARD'S REGULATIONS AND THE
BOARD'S ORDER. IT'S SIMPLY AS AS
WAS DEMONSTRATED IN THE
SACRAMENT OF THE ARTICLE,
PERCEIVED BY BY FOLKS AS A COST
OF DOING BUSINESS AND THE $4000
AND EVENTUALLY ADMINISTERED
FINDS IN THAT CASE SIMPLY DIDN'T
SERVE AS A DISINCENTIVE TO, UH
TO THE AFFECTED FARMERS AND
RANCHERS IN THE AREA. SO, UH,
THAT'S AN AND THE PROBLEM WITH
THAT, UH, JUST BEYOND JUST THE
PHILOSOPHY OF VIGOROUS
ENFORCEMENT IS IT'S UNFAIR TO
OTHER WATER USERS THAT ARE
COMPLYING WITH THE LAW. AH AH
AND CREATES AN UNLEVEL PLAYING
FIELD FOR AMONG COMPETING WATER
USERS IN A PARTICULAR DISTRICT
OR OR OR OR BASIN AND, OF COURSE
IT IS DELETERIOUS TO THE TO THE
ENVIRONMENT AS THE TRIBALS SHARE
TRIBAL MEMBER REPRESENTATIVE, UH
TESTED SO, UH, WE ARE. WE ARE
GRATIFIED THAT THE CHAIR HAS
INTRODUCED LEGISLATION TO
ADDRESS THOSE TWO. REFORMS THAT
I'VE DISCUSSED AND WITH THAT
I'LL STOP AND TURN THINGS OVER
TO MY COLLEAGUE. THANK YOU,
MADAM. MADAM CHAIR AND COMMITTEE
MEMBERS. I'M VERY PLEASED TO BE
HERE TODAY. MY NAME IS JENNIFER
HARDER. I'M A PROFESSOR AT
GEORGE SCHOOL OF LAW AND
SACRAMENTO. IT WAS MY GREAT
PRIVILEGE TO BE PART OF THE
RECOMMENDATIONS ON DROUGHT AND
CLIMATE CHANGE GROUP THAT
INCLUDED PROFESSOR FRANK AND
OTHERS, AND I CONCUR
WHOLEHEARTEDLY WITH THOSE
PROPOSALS AND JUST WANT TO ADD
TWO MORE OF OUR PROPOSALS FOR
YOU TODAY. SO OUR GROUP
CONCLUDED AFTER MORE THAN A YEAR
OF STUDY THAT CRITICAL STEP, IF
NOT THE MOST CRITICAL STEP
NEEDED TO ADDRESS DROUGHT AND
CLIMATE. THE CLIMATE CRISIS IS
TO ELIMINATE UNCERTAINTY
REGARDING THE BOARD'S AUTHORITY
OVER RIPARIAN AND PRE 14 RIGHTS.
YOU'VE HEARD ABOUT THAT FROM
OTHER SPEAKERS TODAY. THIS
UNCERTAINTY IS CREATED BY
SEVERAL FACTORS, INCLUDING
GENERALITY IN THE LAW, LACK OF
CLARITY AND INCONSISTENCY, AND
IT HAS EXPONENTIALLY PERNICIOUS
EFFECTS. IT LEADS TO NEEDLESS
LITIGATION, WHICH WASTES THE
RESOURCES OF THE STATE. AND EVEN
IF LITIGATION ISN'T BROUGHT, THE
THREAT OF LITIGATION MAKES THE
STATE WARY TO TAKE ACTION EVEN
WHERE ACTION IS CRITICAL. TO
PROTECTING STATEWIDE INTERESTS,
AND YOU'VE HEARD ABOUT THE DELAY
THE CONFUSION AND THE DISTRUST
THAT IS CREATED BY THAT
SITUATION. SO MY TO REFORM
PROPOSALS THAT COME FROM THIS
GROUP BOTH RELATE TO THIS ISSUE
. THE FIRST IS CALLED
VERIFICATION AND YOU'VE HEARD
THAT TERM ALREADY TODAY. THE
VERIFICATION RECOMMENDATION IS
BASED ON THE FACT TO WHICH ALL
AGREE THAT THE SINGLE MOST
IMPORTANT THING THE STATE NEEDS
IS BETTER INFORMATION ABOUT WHO
IS USING HOW MUCH WATER AND FOR
WHAT PURPOSES AND WHERE, AS MANY
HAVE SAID THE STATE DOES NOT
HAVE THAT INFORMATION ABOUT MANY
OF THE STATE'S MOST IMPACTFUL
WATER RIGHTS. SO THE IDEA BEHIND
VERIFICATION IS SIMPLY TO
PROVIDE THE BOARD WITH THE CLEAR
AUTHORITY TO ASK ANY WATER USER
REGARDLESS OF THE BASIS OF THEIR
WATER RIGHTS TO PROVIDE
INFORMATION ABOUT THEIR WATER
RIGHTS AND WATER USE. IN OTHER
WORDS, THEY HAVE TO PROVE THE
EXISTENCE OF A VALID WATER RIGHT
AND THEN THEY HAVE TO PROVE THAT
THEY ARE VALIDLY EXERCISING THAT
WATER, RIGHT? THE BOARD HAS SOME
TOOLS FOR REQUESTING SUCH
INFORMATION. BUT THE KEY TOOL
DOES NOT CLEARLY STATE THAT THE
BOARD HAS AUTHORITY TO USE THAT
TOOL. UM IN THE CONTEXT OF PRE
14 AND RIPARIAN RIGHTS, WHICH
CREATES THAT PERNICIOUS
UNCERTAINTY I MENTIONED EARLIER
. THIS IS A RECIPE FOR
DYSFUNCTION, GIVING THE BOARD
BASIC ACCESS TO BASIC
INFORMATION ABOUT ALL WATER
RIGHTS. AND ENSURING THE BOARD
CAN TAKE ACTION WHERE PEOPLE ARE
ILLEGALLY DIVERTING WATER IS
CRITICAL TO ENSURING THAT THE
CALIFORNIA HAS A WORLD CLASS
WATER RIGHTS SYSTEM, UM, THAT
THAT IS EQUAL TO ITS WATER
RESOURCE IS ITS WATER ECONOMY
AND ITS ENVIRONMENT. THE SECOND
REFORM THAT I WILL DISCUSS HERE.
RELATES TO THIS PROCESS YOU'VE
HEARD ABOUT TODAY CALLED
CURTAILMENT, WHICH SIMPLY MEANS
AS HAS BEEN POINTED OUT IN FORCE
THE PRIORITY SYSTEM. SO QUICK
REFRESHER PRIORITY AND WATER
RIGHTS REFERS TO A DATE. IT'S A
DATE ASSOCIATED WITH APPROPRIATE
WATER RIGHTS HOLDERS AND
SOMETIMES WITH RIPARIAN RIGHTS
HOLDERS, AND, UNDER THAT SYSTEM,
THE WATER RIGHTS HOLDERS WITH
THE EARLIEST DATES CALLED
SENIORS GET WATER, FIRST IN A
DROUGHT AND WATER RIGHT HOLDERS
WITH LATER DATES CALLED JUNIORS
ARE NOT ALLOWED TO DIVERT WATER
UNTIL MORE WATER BECOMES
AVAILABLE. SO CURTAILMENT IS
SIMPLY THE PROCESS OF
IMPLEMENTING THESE PRIORITY
RULES. CONTRARY TO SOME OF THE
MYTHOLOGY THAT'S IN THE MEDIA.
SOMETIMES THIS IS A COMPLEX AREA
AND I KNOW PEOPLE ARE TRYING TO
UNDERSTAND IT. THE WATER BOARD
DID NOT INVENT CURTAILMENT AND
CURTAILMENT IS NOT THE TAKING
AWAY OF A WATER RIGHT THE
CONCEPT OF REDUCING DIVERSION
CONSISTENT WITH AUTHORITY HAS
BEEN A CENTRAL FEATURE OF OUR
WATER RIGHTS SYSTEM. SINCE THE
EARLIEST DAYS. THE DIFFERENCE IS
THAT, FOR THE MOST PART, THE
CURRENT AILMENT PROCESS THE
PRIORITY SYSTEM HAS BEEN SELF
POLICING. IT MEANS THAT WATER
USERS WERE EXPECTED TO SIMPLY
KNOW HOW MUCH WATER IS AVAILABLE
. ALL THE PRIORITIES ABOVE THEM
AND BELOW THEM WHAT WATER
BELONGED TO OTHERS AND HAD BEEN
RELEASED FROM STORAGE OR THEY
COULD DIVERT JUST AS WATER
AVAILABILITY CHANGED IN THE ONLY
OVERSIGHT OF THIS PROCESS HAS
BEEN THROUGH THE COURT SYSTEM
AFTER INJURY HAS ALREADY
OCCURRED. AND THEN YOU HAVE THE
COURT HAS TO ADDRESS THAT
COMPLEX SYSTEM OF WATER RIGHTS
YOU'VE HEARD ABOUT TODAY INSTEAD
OF THE EXPERT AGE. AGENCY SO IN
THE LAST TWO DROUGHTS, IT BECAME
CLEAR THAT THIS SELF POLICING
SYSTEM WASN'T WORKING AND THE
BOARD TO ITS ENORMOUS CREDIT,
STEPPED IN FOR TWO REASONS. AND
ONE WAS TO ENSURE THAT PRIORITY
SYSTEM WAS FUNCTIONING
EFFECTIVELY TO PROTECT SENIOR
WATER USERS WHO ARE THE ONES WHO
BENEFIT FROM THE PRIORITY
SYSTEM. THE OTHER WAS TO ENSURE
THAT WHEN WATER AVAILABILITY WAS
CALCULATED, THERE WAS SUFFICIENT
WATER LEFT IN STREAM TO ENSURE
WE WEREN'T DRYING UP STREAMS AND
KILLING ALL THE FISH AND TO
ENSURE THAT BASIC HUMAN HEALTH
AND SAFETY NEEDS WERE MET AND TO
IMPLEMENT THAT HUMAN RIGHT TO
WATER. THESE OBJECTIVES ARE
SQUARELY WITHIN THE CHARGE GIVEN
TO THE BOARD BY THE LEGISLATURE
AND RECOGNIZED BY THE COURTS,
WHICH IS TO UNDERTAKE THE
COMPREHENSIVE PLANNING AND
ALLOCATION OF WATER RESOURCES.
OF COURSE. BECAUSE OF THE
PERNICIOUS UNCERTAINTY I
MENTIONED EARLIER WHEN THE BOARD
TOOK ACTION. IT WAS CHALLENGED
IN COURT, WHICH IS WHAT OUR
RECOMMENDATION IS INTENDED TO
AVOID. THERE WERE TWO APPELLATE
CASES DECIDED IN THE LAST TWO
YEARS. IN ONE CASE, THE BOARD'S
DECISION WAS UPHELD. THE BOARD'S
ACTION WAS UPHELD AND THEN THE
OTHER CASE, THE BOARD'S ACTION
WAS HELD TO BE INCONSISTENT WITH
THE WATER CODE. THE COURT HELD
THE LANGUAGE OF A PARTICULAR
WATER CODE SECTION DIDN'T GIVE
THE BOARD AUTHORITY TO APPLY
PRIORITY RULES TO WATER USERS AS
A GROUP. UM EVEN THOUGH THAT'S
THE ONLY TIME PRIORITY MATTERS
AND EVEN THOUGH BY DEFINITION OF
DIVERSIONS OUTSIDE PRIORITY,
INVADE OTHER RIGHTS, THE COURT
ACKNOWLEDGED THAT THE BOARD DOES
HAVE THE AUTHORITY TO TAKE
ACTION UNDER UNDER OTHER LAWS,
BUT OUR GROUP CONCLUDED AS HAVE
OTHERS YOU YOU'VE HEARD FROM TWO
TODAY THAT THESE LAWS ARE EITHER
TO LIMIT LIMITED OR THEY LACK
CLARITY AND THEREFORE INVOKING
THEM WILL RESULT IN MORE
LITIGATION THAT'S GUARANTEED SO
THE BOARD NEEDS TO BE ABLE TO
ACT QUICKLY TO RESPOND TO
CHANGING CONDITIONS AND TAKE
ACTION WITH CLEAR AUTHORITY. WE
CAN FIX THAT PROBLEM. THE
LEGISLATURE CAN FIX THAT PROBLEM
AND AVOID THE EXPENSIVE,
EXPENSIVE LAWSUITS THAT DRAIN
THE RESOURCES OF THE STATE. THE
COURT THAT ISSUED THAT NEGATIVE
RULING, IN FACT, RECOGNIZED THAT
IT'S HOLDING CREATED PROBLEMS
AND INCONSISTENCIES, AND THE
COURT INVITED THE LEGISLATURE TO
ADDRESS THE PROBLEM. SO THAT'S
WE'RE HERE URGING THE
LEGISLATURE TO DO THAT WITH OUR
PROPOSALS AND VERY MUCH
APPRECIATE THE PROPOSALS THAT
HAVE COME FORWARD ALREADY. SO A
COUPLE OF FINAL POINTS FIRST,
OUR PROPOSALS PRESERVED THE
LOCAL WATER SUPPLIER ROLE IN
WATER MANAGEMENT. STATE
AUTHORITY IS CENTRAL TO THE
RECOMMENDATION THAT I'M I'M
DISCUSSING HERE, BUT THAT
RECOMMENDATION. ALSO PRESERVES
ARE DUAL SYSTEM OF LOCAL AND
STATE MANAGEMENT, WHICH IS
NECESSARY TO ADDRESS THE CLIMATE
CRISIS, BUT FOR THAT LOCAL STATE
COLLABORATION TO WORK
EFFECTIVELY, THE STATE MUST HAVE
CLEAR AUTHORITY. IT MUST HAVE
THAT STATE BACKSTOP. IT IS ONLY
THE FACT OF THAT BACKSTOP THAT
PROTECTS THOSE STATEWIDE
INTERESTS. AND SECOND. THE
CHANGES ARE PROTECTIVE OF
PROPERTY RIGHTS AND WATER,
VERIFICATION AND ENFORCING
PRIORITY DO NOT SEEK TO ABOLISH
THE WATER RIGHTS SYSTEM, AS SOME
HAVE CALLED FOR, AND IF SOME
CHARGE WHEN THEY HEAR THE WORD
VERIFICATION, THEY ACTUALLY DO
THE OPPOSITE. CLARIFYING THE
BOARD'S AUTHORITY OVER PRE 14
AND RIPARIAN RIGHTS PROTECTS ALL
WATER RIGHTS IN ALL USES OF
WATER, INCLUDING THE HUMAN RIGHT
TO WATER AND INDUSTRY IN STREAM
FLOW FOR FISH BY REMOVING
ILLEGAL USES. WATER IS AVAILABLE
TO THOSE WHO HOLD THE ACTUAL
RIGHTS TO IT. THEY PROTECT THAT
CENTRAL FEATURE THE PRIORITY AND
THE PROPOSAL ENSURES THAT WE
WILL HAVE THE DATA IN THE
INFORMATION THAT THE STATE NEEDS
TO OPERATE THE SYSTEM
EFFECTIVELY. SO THAT IS WHY
YOU'RE HEARING THESE PROPOSALS
FROM MANY DIFFERENT VOICES.
YOU'RE HEARING THEM FROM THE
PUBLIC POLICY INSTITUTE OF
CALIFORNIA FROM OUR GROUP. THERE
ARE ALSO CONSISTENT WITH THE
DRAFT REPORT THAT'S BEEN
RELEASED BY THE CENTER FOR LAW,
ENERGY AND THE ENVIRONMENT AT
BERKELEY LAW THAT WAS ISSUED
FEBRUARY. 6TH UM IMPROVING
CALIFORNIA WATER RIGHTS
ADMINISTRATION FOR FUTURE
DROUGHTS. THAT REPORT HAS BEEN
INFORMED BY A CROSS SECTION OF
EXPERTS, INCLUDING
REPRESENTATIVES OF WATER RIGHT
HOLDERS, AND, IN FACT, MANY
WATER RIGHT HOLDERS SUPPORT THE
PROPOSALS, AND THAT IS BECAUSE
THE LAW IS AT ITS MOST EFFECTIVE
WHEN IT'S TERMS ARE CLEAR, IT
BECOMES STABLE, PREDICTABLE,
RELIABLE AND SUPPORTIVE OF
INVESTMENT. STABILITY
PREDICTABILITY AND INCREASED
CERTAINTY. THESE ARE THE THINGS
THAT WATER RIGHT HOLDERS WANT
AND IN THE LONG RUN WILL
FACILITATE OUR EFFORTS. TO
IMPROVE THE EFFICIENCY OF THE
SYSTEM, SUCH AS THROUGH
TRANSFERS, SUCH AS IMPLEMENTING
THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT AND TAKING BETTER
ADVANTAGE OF THOSE WET YEARS
THAT WE HEARD ABOUT EARLIER
TODAY. THANK YOU. I APPRECIATE
THE OPPORTUNITY. THANK YOU. I
KNOW I'M A FORMER LITIGATOR, BUT
I LOVE LEGAL CLARITY. SO I
APPRECIATE YOUR RECOMMENDATIONS
. MR GUY. YOU WANT TO TAKE IT ON
NEXT? THANK YOU, MADAM CHAIR AND
MEMBERS OF THE COMMITTEE. THANK
YOU FOR THE OPPORTUNITY TO BE
HERE. YOU'VE HEARD A LOT SO YOU
KNOW IT'S GETTING LATE IN THE
HEARING. MY NAME IS DAVID GUY.
I'M THE PRESIDENT OF THE
NORTHERN CALIFORNIA WATER
ASSOCIATION. WE REPRESENT THE
WATER SUPPLIERS, THE CITIES THE
COUNTY'S IN THE SACRAMENTO
VALLEY. THAT'S FROM SACRAMENTO
TO READING 2.5 HOUR DRIVE ON I
FIVE FROM THIS YEAR IN NEVADA ON
THE EAST TO THE COAST RANGE ON
THE WEST. AND WE SUPPLY WATER
FOR EVERY IMAGINABLE PURPOSE.
OBVIOUSLY YOU HAVE CITIES AND
RURAL COMMUNITIES. YOU HAVE
FARMS. WE SERVE WATER FOR ALL
THE STATE AND FEDERAL WILDLIFE
REFUGES, AS WELL AS FOR A
VARIETY OF SAM AND EFFORTS AND
OTHER ENDANGERED AND TERRESTRIAL
SPECIES. SO UM, I THINK I'M HERE
TODAY, MAYBE TO OFFER A LITTLE
BIT OF A PRACTICAL APPROACH TO
KIND OF THE WAY THINGS HAVE
BEEN. WORKING I THINK THE
IMPORTANT THING IS WE STRONGLY
SUPPORT A ROBUST ENFORCEMENT
PROCESS. AND IN FACT, I THINK WE
HAVE A DIRECT INTEREST IN THE
PROHIBITING ILLEGAL DIVERSIONS
OF WATER. I THINK THAT GOES
WITHOUT SAYING THE CERTAINTY
THAT MANY FOLKS HAVE TALKED
ABOUT TODAY AND SO I THINK IS
WHAT WE WOULD LIKE TO SUGGEST IS
THAT YOU REALLY THINK ABOUT HOW
YOU GO ABOUT THAT? ENFORCEMENT
IN A MEANINGFUL WAY. UM IN THE
LAST SEVERAL YEARS SINCE 2014 15
. WE HAVE WORKED VERY WELL WITH
THE STATE WATER BOARD. IN THIS
PROCESS. I KNOW IT'S FASHIONABLE
TO SAY BAD THINGS ABOUT THE
STATE WATER BOARD. BUT THE
REALITY IS WE HAVE TO SIT DOWN
AND WORK WITH THEM. AND I THINK
YOU HEARD EARLIER TODAY FROM
FROM ERIC AND THE TEAM OVER
THERE THAT THIS IS HARD WORK.
WE'VE SAT DOWN. WE'VE BEEN OVER
THERE EVERY WEEK SINCE 2014
WORKING THROUGH WATER
UNAVAILABILITY METHODOLOGY.
LOGY. MAKING SURE THAT THAT
PROCESS IS TRACKED PROPERLY. AND
THE REALITY IS, I THINK IT HAS
WORKED. I'M PROBABLY THE ONLY
ONE IN THE ROOM HERE THAT'S
REPRESENTING PEOPLE THAT HAVE
ACTUALLY BEEN CURTAILED. LET ME
TELL YOU THAT IS A PAINFUL THING
FOR PEOPLE THAT INCLUDES RURAL
COMMUNITIES. DISADVANTAGED
COMMUNITIES THAT INCLUDES FARMS
AND INCLUDES REFUGES. IT
INCLUDES THE WHOLE SUITE OF
THINGS, BUT THAT'S PART OF THE
PROCESS AND PEOPLE THAT HAVE
BEEN CURTAILED UNDERSTAND THAT
THAT IS PART OF THE PROCESS,
AND, IN FACT, THE WAY IT'S
WORKED OVER THE LAST SOME YEARS.
IS FOLKS THAT THINK THEY ARE
GOING TO BE CURTAILED BASED UPON
THEIR WATER, RIGHT? WE SIT DOWN
WITH THE WATER BOARD STAFF, AND
WE WORK ON THIS METHODOLOGY AND
MAKE SURE THAT WE ALL HAVE KIND
OF COMMON SET OF FACTS ON WHEN
THE DATE OF THAT CURTAILMENT
NEEDS TO OCCUR SO THAT PEOPLE
CAN PLAN AND SO THEY KNOW WHEN
THAT IS GOING TO HAPPEN, I THINK
IF YOU ASKED THE STATE WATER
BOARD STAFF WHO HAS BEEN THE
MOST AGGRESSIVE PROPONENT OF
ENFORCEMENT OVER THE LAST 10
YEARS. I THINK IT HAS TO BE US.
WE HAVE BEEN OVER THERE PRETTY
PERSISTENTLY SUGGESTING THAT
THEY ARE MORE AGGRESSIVELY
ENFORCE, BUT IT'S HARD WORK, AND
I THINK PEOPLE NEED TO KIND OF
THINK ABOUT THE REAL CONTEXT IN
WHICH THAT OCCURS. WE HAVE VERY
MUCH SUPPORTED THE $82 MILLION
DEDICATED BY THE LEGISLATURE AND
THE ADMINISTRATION OVER THE LAST
SEVERAL YEARS TO THE STATE WATER
BOARD TO DO THAT. I BELIEVE
THERE'S ANOTHER 31 MILLION IN
THE GOVERNOR'S PROPOSED BUDGET
THAT WE SUPPORT. WE THINK THAT
IT WILL BE HELPFUL TO THE STATE
WATER BOARD TO TAKE THIS ON, AND
WE THINK THAT THE UPWARD PROGRAM
AND SOME OF THE WORK THERE JUST
NEEDS TO KEEP MOVING FORWARD AND
IT TAKES HARD WORK. PEOPLE NEED
TO GET UNDER THE HOOD AND WORK
WITH THAT PROCESS. WE'VE ALSO
BEEN VERY MUCH ENCOURAGING THE
KIND OF THE COMPLAINT PROCESS.
YOU'VE HEARD A LITTLE BIT ABOUT
WHERE WATER USERS ON CURRENT ON
SYSTEMS CAN USE THAT PROCESS TO
TALK ABOUT ILLEGAL DIVERSIONS,
AND I THINK THAT PROCESS THAT
NEEDS TO BE TAKEN A LITTLE BIT
MORE SERIOUSLY. I THINK
OBVIOUSLY, FOLKS OUT ON THE
GROUND HAVE A REAL KEEN SENSE OF
WHAT WHAT'S GOING ON, AND I
THINK TAKING ADVANTAGE OF THAT.
IS VERY IMPORTANT. WE
APPRECIATED THE PROVISIONS IN
THE GOVERNOR'S WATER SUPPLY
STRATEGY TO MODERNIZE WATER
RIGHTS. I THINK THERE'S SOME
VERY GOOD THINGS IN THERE THAT
WE'D LOVE TO CONTINUE TO WORK
WITH YOUR COMMITTEE AND OTHERS
ON IN IN ADVANCING THAT, AND IN
FACT, WE REALLY APPRECIATE SOME
OF THE I KNOW. TODAY THE FOCUS
IS LARGELY BEEN UPON WATER
RIGHTS AND KIND OF THE
ADMINISTRATION OF THE WATER
RIGHTS PROCESS. BUT THERE'S A
LOT OF BROADER SET OF ISSUES
THAT I THINK WOULD BE REALLY
HELPFUL. WE HAVE HEARD A LOT
ABOUT GROUNDWATER RECHARGE
TODAY. THAT IS OBVIOUSLY AN
IMPORTANT OTHER RIGHTS QUESTION
, AND I THINK IMPLEMENTING THAT
SYSTEM FOR GROUNDWATER RECHARGE
AS YOU'VE HEARD IS REALLY
IMPORTANT, AS WELL AS OTHER
SURFACE WATER PROJECTS
THROUGHOUT THE STATE, SO I THINK
THERE'S A LOT OF MODERNIZATION
THAT CAN TAKE PLACE IN
CALIFORNIA. THAT IS, I THINK
MUCH BROADER THAN THE
CONVERSATION TODAY AND I THINK
WOULD PROBABLY ACTUALLY PROBABLY
BENEFIT THE STATE OF CALIFORNIA
IN SOME WAYS MORE. UM OBVIOUSLY
, LIKE OTHERS WERE LOOKING AT
THE SET OF BILLS THAT ARE BEFORE
YOU YOUR COMMITTEE THAT SEVERAL
SEVERAL OF YOU HAVE AUTHORED AND
WE LOOK FORWARD TO WORKING WITH
YOU IN THAT PROCESS. UM WE THINK
WE CAN BRING A PRACTICAL
APPROACH TO THOSE BILLS. UM, I
THINK THAT'S I THINK WHAT IS
IMPORTANT AND WE LOOK FORWARD TO
WORKING WITH YOU IN THAT
PROCESS. I THINK IT OUGHT TO BE
SAD AND JUST KIND OF ENCLOSING
THAT IMPLEMENTING A WATER RIGHTS
SYSTEM IS HARD WORK. I DON'T
THINK WE ARE NOT UNDER ESTIMATE
THAT WE CAN PUT LOTS OF WORDS ON
A PIECE OF PAPER. THAT'S EASY.
IMPLEMENTING A SYSTEM IS HARD
WORK. I SAY, WELL, LET'S GET
TOGETHER WITH THE STATE WATER
BOARD AND LET'S WORK TOGETHER TO
IMPLEMENT THIS SYSTEM. THAT'S
WHAT WE'VE BEEN DOING IN THE
SACRAMENTO VALLEY AND WE WANT TO
CONTINUE TO DO THAT. AS WE
PREPARE FOR MORE MODERN WATER
SYSTEM AS WE GO FORWARD, SO
THANK YOU FOR THE OPPORTUNITY TO
BE HERE TODAY, AND I DID SUBMIT
THE WHITE PAPER I THINK FOR THE
PACK, AND I HOPE FOLKS WITH YOU,
THANK YOU. I HOPE FOLKS HAVE
SEEN THAT AND BOY WERE JUST
REALLY OPEN TO THE DISCOURSE
AROUND THIS AND HE THOUGHTS
IDEAS. WE JUST THINK THERE'S A
LOT THAT WE CAN BE DOING.
WORKING TOGETHER TO MAKE
CALIFORNIA'S WATER SYSTEM MORE
MODERN. SO THANK YOU FOR THAT.
THANK YOU. I WILL SAY YOU'RE NOT
THE ONLY ONE IN THE ROOM THAT
REPRESENTS PEOPLE AFFECTED BY
CURTAILED LANDS. UM BUT WE ALL
UNDERSTAND THE PAIN. WHY WERE
REPRESENTED FOLKS THAT HAVE BEEN
CURTAILED EVERYBODY ELSE THAT'S
ACADEMIC, BUT THAT'S WHY WE'RE
HAVING THIS CONVERSATION. WE
UNDERSTAND THE PAIN AND IT'S NOT
A GREAT IT'S NOT WORKING RIGHT
NOW. I THINK IN THE WAY IT'S
STRUCTURED. UM BUT I APPRECIATE
YOUR COMMENT THAT THERE'S A
BROADER CONVERSATION. I'M NOT
EVEN KEEPING US ON TIME WITH
TRYING TO KEEP IT NARROW. SO
THERE IS A LOT MORE TO TALK
ABOUT. UM, MR MCLAUGHLIN. GOOD
GOOD AFTERNOON, MADAM CHAIR.
MEMBERS OF THE COMMITTEE. UM MY
NAME IS RUSSELL MCLAUGHLIN
ALRIGHT, WATER RIGHTS ATTORNEY
FOR 23 YEARS ALL PRETTY MUCH
FOCUSED ON CALIFORNIA WATER
RIGHTS ADMINISTRATION POLICY.
IT'S AN HONOR TO BE HERE. I DO
NEED TO SAY FROM THE OUTSET THAT
THE VIEWS ARE EXPRESSED FROM
MINE, AND THEY'RE NOT IN MY
CLIENTS WHERE MY LAW FIRM UM, I
WOULD BRING THREE CREAKY
MESSAGES UNDERSTAND THE SOURCE
OF THE PROBLEM, MUCH OF WHAT HAS
BEEN IDENTIFIED ALREADY TODAY.
AVOID PROPOSALS TO SCRAP OUR
EXISTING STRUCTURE OR REGULATE
REALLOCATIONS INSTEAD, FOCUS ON
TIGHTENING, DEFINING MONITORING
AND FORCING WATER PRIORITIES TO
FOSTER GREATER CERTAINTY. TO
ALLOW. UH WHEN A REGULATED
MARKETS BASED REALLOCATIONS, UM
THE PROBLEM AND SUFFICIENT
DEFINITION RIGHTS MONITORING
OVERSIGHT MARKETS TO REALLOCATE
RESULTS IN UNCERTAINTY THAT
FRUSTRATES WATER RIGHTS,
ADMINISTRATION INVESTMENTS AND
INNOVATION AND PERPETUATES
INEFFICIENT USE OF WATER. USERS
OFTEN CLAIM RIGHTS AS THE STATE
BOARD, MR RECTAL SAID, AS CLAIMS
THAT WILL NOT STAND UP TO
JUDICIAL SCRUTINY OF CHALLENGED
. SOMETIMES WE CALL THESE PAPER
WATER RIGHTS. THERE IS
INSUFFICIENT PROCEDURES TO
SEPARATE THE VALID FROM THE
INVALID CLAIMS. AMONG THE VALID
CLAIMS THERE'S INSUFFICIENT
CLARITY AND ENFORCEMENT OF
PRIORITIES BETWEEN COMPETING
RIGHTS. WATER IS ALREADY AN
INHERENTLY UNCERTAIN RESOURCE
BECAUSE IT SHARED ITS TRANSIENT
AND IT'S VARIABLE. THESE
INHERENT CHALLENGES ARE
ACCENTUATED IN CALIFORNIA
BECAUSE IT'S LIKE A COMMON LAW
HAS MERGED TWO VERY DIFFERENT
WATER RIGHT STRUCTURES. THE
RIPARIAN STRUCTURE COMMON IN THE
EASTERN HALF OF THE COUNTRY,
WITH THE PRIOR APPROPRIATION
STATE COMMON IN THE WESTERN HALF
OF THE COUNTRY, AND FOR MANY OF
OUR RIGHTS, THERE IS NO CAP.
THERE'S NO DEFINITION OF EXACTLY
HOW MUCH YOU CAN TAKE AT EXACTLY
WHAT FLOW CONDITIONS. BUT THE
SOLUTION IS NOT TO SCRAP THIS
SYSTEM OR TO REGULATE
REALLOCATION. SUCH PROPOSALS
WILL FURTHER UNCERTAINTY
INCREASED CONFLICT IN
LITIGATION. AND PERPETUATE
INEFFICIENT WATER POLICY. THE
BETTER APPROACH IS TO LEAN IN TO
OUR EXISTING SYSTEM. TO FOSTER
CAREFULLY DEFINED AND CAPPED
RIGHTS THAT ARE SUBJECT TO
STRONG MONITORING, STRONG
OVERSIGHT AND STRONG
ENFORCEMENT, COUPLED WITH
ENHANCEMENT OF THE SUPPLY WERE
FEASIBLE. FOR EXAMPLE, FOR
EXAMPLE, GREATER HIGH FLOW
CAPTURE CONJUNCTIVITIS,
RECLAMATION AND REUSE AND TO
CAREFULLY TO STRUCTURE A
CAREFULLY MANAGED BUT ROBUST
BUST TRADING. OF WELL DEFINED
AND CAPPED RIGHTS AND SHORT, THE
SOLUTION IS TO CAP RIGHTS,
ENHANCE SUPPLY TRADE RIGHTS CAP.
ENHANCE AND TRADE. THIS PROMOTES
CERTAINTY ON WHICH PUBLIC AND
PRIVATE WATER USERS CAN ANCHOR
ECONOMIC, SOCIAL AND
ENVIRONMENTAL PLANNING AND
BALANCES CONSUMPTIVE AND
ENVIRONMENTAL IN STREAM WATER
DEMANDS. WATER MARKETS, WHICH
ARE PROMOTED BY THE WATER RIGHT
CERTAINTY IN ADMINISTRATION, IN
TURN, PROVIDE THREE KEY
BENEFITS. THEY FOSTER
REALLOCATION OF WATER FROM LOWER
TO HIGHER VALUES IS THEY REVEAL
THE TRUE VALUE OF THE RESOURCE
AND THE INCENTIVIZE
CONSERVATION. SO WHAT WOULD THIS
LOOK LIKE? MUCH YOU'VE HEARD
ALREADY A CLEAR DEFINITION OF
RIGHTS QUÊ TO WATER AVAILABILITY
STREAM FLOWS SO NOT JUST RIGHTS
GENERALLY, BUT WRITES UP THE
LADDER BASED UPON THE WATER
AVAILABLE E AVAILABLE IN ANY
PARTICULAR TIME. IMPROVED DATA
DATA, TRANSPARENCY AND
AVAILABILITY. UM, MR RECTAL
SAID. IT'S BORING, I THINK, BUT
IT'S VERY IMPORTANT. I COULDN'T
CONCUR. MORE BETTER DATA AND
TRANSPARENCY AVAILABILITY. THIS
IS THE FOUNDATION ON WHICH WE
STRUCTURE CAPTAIN WELL DEFINED
RIGHTS, ACCURATE MONITORING A
DIVERSIONS WE HEARD FROM
ASSEMBLYMEMBER'S BENNETT THE
POSSIBILITY OF ELECTRONIC
MONITORING BUT YES, CERTAINLY
BETTER MONITORING WHICH IS
CORRELATED TO THE RIGHTS AND THE
ENFORCEMENT. CAREFUL INTEGRATION
OF AUTHORIZED MONASTERY AND
MONITORED CONSUMPTIVE VERSIONS
WITH THE NECESSARY BASELINE, SO
PROTECTIONS FOR ENVIRONMENTAL
AND IN STREAM DEMANDS. SOURCE OF
SLIP. SOURCE FLOW COORDINATION.
WE DON'T NEED TO ADJUDICATE ALL
INTERCONNECTED BASINS TOGETHER
OR TO FIND ALL THE RIGHTS, BUT
WE HAVE TO HAVE COORDINATED, UM
, MANAGEMENT BETWEEN SOURCES
THAT ARE INTERNET INTERCONNECTED
HYDRA GEOLOGICALLY. STRUCTURED
AND CONTINUAL UPDATING
IMPROVEMENT OF TECHNICAL
UNDERSTANDING. DO ADAPTIVE
MANAGEMENT. THIS IS THIS IS A
PROCESS AND IT ALWAYS HAS TO
COME BACK THROUGH THROUGH A
FEEDBACK LOOP FOR ADAPTIVE
MANAGEMENT. AND THEN AGAIN
REGULATED BUT ROBUST
OPPORTUNITIES FOR WATER RIGHT
TRANSFERS, THINGS CHANGE. SO HOW
DO WE DO THIS? THERE'S CERTAINLY
A ROLE FOR THE STATE WATER BOARD
PERMITTING AND OVERSIGHT. BUT
FRANKLY, IT'S INSUFFICIENT. THE
BOARD DOES NOT PERMIT RIPARIAN
OR PRE 14 DIVERSIONS OR
GROUNDWATER. AND IT'S NOT A
COURT WITH THE ULTIMATE
AUTHORITY TO ADJUDICATE
GROUNDWATER RIGHTS. FURTHERMORE,
UNDERSTANDABLY, THE STAFF HAS SO
MANY CALLS ON ITS TIME. AND YOU
SAW, FOR EXAMPLE, JUST THE PRE
14 AND RIGHT HERE AND RIGHT
THOUSANDS OF RIGHTS, EACH WITH A
CLAIM. THAT PROCESS. TO PUT THAT
ALL ON THE BOARD IS AN IMMENSE
STAFFING BURDEN. GIVEN THE
RESOURCES WE PRESENTLY HAVE SO
THERE'S A ROLE FOR THE COURTS.
BUT THIS PROCESS IS RELATIVELY
SLOW AND IT'S EXPENSIVE, BUT IT
CAN BE IMPROVED IN 2015, THE
LEGISLATURE ADOPTED A B 13 90 TO
REFORM THE ADJUDICATION PROCESS
AND IN THE GROUNDWATER CONTEXT,
THAT'S A PERFECT EXAMPLE THAT
MIGHT BE LOOKED AT FOR BETTER,
MORE EFFICIENT SURFACE WATER
ADJUDICATIONS AS WELL. THERE'S
SOME MODEST BUT HELPED VERY
HELPFUL IMPROVEMENTS, IMPROVING
EXISTING STATUTORY SURFACE WATER
ADJUDICATIONS ADJUDICATIONS
UNDER 2500 AT SEC OF THE WATER
CODE THAT START WITH THE BOARD
AND IN THE COURTS AUTHORIZING
THE STATE BOARD TO INITIATE THEM
AND ADJUDICATING INTEGRATED
SUPPLIES THAT THE P P I. C PCL
REPORT RECOMMENDS VERY GOOD
RECOMMENDATIONS. BUT WE SHOULD
ALSO LOOK AT MORE ROBUST
POSSIBILITIES, SPECIFIC
PROCESSES OR EVEN SPECIFIC
COURTS FOR ADJUDICATING
WATERSHEDS AND INTEGRATED WATER
SUPPLIES LIKE IS DONE IN SOME
OTHER STATES. MORE DELIBERATE
USE OF SPECIAL MASTERS TO HELP
THE COURTS. THAT CAN BE THE
STATE BOARD, BUT IT CAN ALSO BE
OTHER INDIVIDUALS TO PROCESS
ADJUDICATIONS. MORE CLEAR RULES
FOR AND PROCESS FOR POST
ADJUDICATION ADMINISTRATION OF
WATER SOURCES AND DEFINED
RIGHTS. FUNDING FOR
ADMINISTRATION OF ADJUDICATED
RIGHTS AND FUNDING FOR WATER
MASTERS TO HELP THE
ADMINISTRATION POST
ADJUDICATION. FUNDING FOR
IMPROVED DATA DEVELOPMENT
ORGANIZATION AND ACCESS FUNDING
FOR MEDIATION AND FACILITATION
OF WATER RIGHTS SETTLEMENTS. THE
IDEAL ADJUDICATION IS THE ONE
THAT HAS DONE FOLLOWING
COMPROMISE AND SETTLEMENT. WHAT
WE SOMETIMES CALL FRIENDLY
ADJUDICATION, ALTHOUGH SOME
PEOPLE WOULD CALL THAT AN
OXYMORON. BUT IT CAN'T HAPPEN
AND FACILITATING MEDIATION WITH
THE JUDGMENT DAY OF A DECISION.
HOW CAN PRIVATE PAY GREAT
DIVIDENDS. PERHAPS IT'S ALSO
TIME FOR A NEW COMMISSION 45
YEARS AGO IN 1978, THERE WAS THE
GOVERNOR'S COMMISSION TO RE
REVIEW WATER RIGHTS. YOUR REPORT
THE P P I. C REPORT CITED THAT
SEVERAL TIMES. IT'S STILL A VERY
STRONG DOCUMENT THAT CAN BE
LOOKED AT, BUT PERHAPS IT'S TIME
TO DO THAT AGAIN NOW AND TO
EXPLORE AND ADVISE ON APPROACHES
AND OPPORTUNITIES. STUDY. AND
POTENTIALLY INCORPORATE LESSONS
FROM OTHER STATES, AS MS MARCUS
RECOMMENDED LOOK TO, FOR EXAMPLE
, COLORADO AND ITS WATER COURTS
LOOK TO IDAHO IS MISS MARCUS
MENTIONED AND THEIR ADJUDICATION
PROCESS. UM LOOK TO AUSTRALIA
AND OTHER COUNTRIES AND HOW THEY
DO IT AS WELL. I APPRECIATE THAT
TITLE THAT THE TIGHTLY DEFINED
AND THE MINISTER OF WATER RIGHTS
REGIME I'M ADVOCATING IS
CHALLENGING. IT WILL TAKE A LONG
TIME AND IT'S VERY EXPENSIVE.
BUT THERE IS NO SHORTCUT TO
TAMING THE WATER COMMONS. THIS
IS WHAT IT WILL TAKE. THANK YOU.
THANK YOU. YOU READ MY MIND? I
WAS WONDERING IF YOU WERE GOING
TO RECOMMEND THE COURTS THAT
THEY HAVE IN OTHER STATES. UM
ANY OTHER QUESTIONS FOR MY
COLLEAGUES AND LEAD TO THEY HAVE
TO GO. BUT I APPRECIATE THEM
BEING HERE. UM I HAVE ONE
QUESTION FOR YOU. MR MCLAUGHLIN
ON. YOU SPOKE ABOUT A LITTLE BIT
ABOUT THE TRANSFER TRADE OF
RIGHTS. CAN YOU JUST GO A LITTLE
BIT DEEPER IN YOUR
RECOMMENDATION THERE? CERTAINLY.
THE TRADING DOES GREAT THINGS. I
THINK WE CAN ALL RECOGNIZE IT.
INCENTIVIZES CAN CONSERVATION
AND MOVES ARE WATER FROM
INEFFICIENT USES TO HIRE USED TO
BENEFIT USES. IT DOESN'T HAPPEN
WHERE YOU DON'T HAVE WELL
DEFINED RIGHTS BECAUSE YOU DON'T
HAVE SCARCITY. SCARCITY IS A
PRIMARY NECESSITY FOR TO HAVE
MARKETS YOU HAVE TO HAVE THE
WELL DEFINED RIGHTS THAT ARE
CORRELATED TO THE SUPPLY AND
SUSTAINABILITY AND THEN THAT
BUCKET OR THAT PIE IF YOU WILL
OF THE CONSUMPTIVE USE ALLOWING
PEOPLE TO TRADE, UM, IN A
STRUCTURED, REGULATED MANNER
REALLY PROVIDES BENEFITS AND THE
PLACE I WOULD DIRECT YOU TO
WHERE THIS REALLY WORKS IS IN
THE ADJUDICATED GROUNDWATER
BASINS THAT HAVE A VERY WELL
DEFINED RIGHTS. HAVE A WATER
MASTER ADMINISTERING WITH COURT
OVERSIGHT, SO THERE'S NO
QUESTION ABOUT WHO HAS WHAT AND
HOW IT MOVES FROM ONE PERSON TO
THE OTHER. AS ASSEMBLYMEMBER'S
BENNETT SAID THIS MORNING, YOU
KNOW WHEN THERE'S AN OPPORTUNITY
FOR TRANSFERRING THE USERS THEN
SAY, LET'S GET OUR OUR
DEFINITION ARE MONITORING AND
ENFORCEMENT VERY SPECIFIC.
INTERESTING THANK YOU. JUST REAL
QUICK TO THAT WATER TRANSFERS, I
THINK HAVE BEEN A REALLY
EFFECTIVE TOOL OVER THE LAST 30
YEARS IN CALIFORNIA WATER
POLICY, AND I KNOW IN THE
SACRAMENTO VALLEY, YOU KNOW,
OBVIOUSLY THE IMPORTANT THING IS
TO MAKE SURE THAT THE LOCAL
NEEDS ARE MET, BUT IN AREAS
WHERE THERE IS ADDITIONAL WATER
THERE HAVE BEEN TRANSFERS TO
EVERY PART OF THE STATE THAT
INCLUDES CITIES THAT INCLUDES
DISADVANTAGED COMMUNITIES THAT
INCLUDES WILDLIFE REFUGES. AND I
THINK THAT THE TRANSFER
MECHANISM I THINK THIS SHOWS
THAT THE WATER RIGHTS SYSTEM I
THINK, IN MY VIEW IS ACTUALLY
WORKING PRETTY WELL BECAUSE
TRANSFERS NOW HAPPENED IN
CALIFORNIA WITHOUT A LOT OF
FANFARE. AND THAT WASN'T THE
CASE 30 YEARS AGO. INTERESTING.
THANK YOU. UM WELL, I REALLY
APPRECIATE THIS. I THINK IT'S
BEEN A SUPER HELPFUL HEARING. UM
I'VE LEARNED A LOT. UM ACTUALLY
HAVE TO SAY I HEARD A LOT OF
CONSENSUS, WHICH I APPRECIATE,
UM, DOESN'T HAPPEN A LOT IN THIS
BUILDING ABOUT SOME THINGS WE
SHOULD BE FOCUSED ON. SO THANK
YOU ALL FOR BEING HERE AND
SHARING YOUR EXPERTISE, AND I'M
SURE MORE QUESTIONS WILL ARISE
THIS WEEK WORK TOWARDS SOLUTIONS
TO THE MANY PROBLEMS APPRECIATE
IT. YEAH OKAY. WE'RE GONNA DO IN
THE ROOM FIRST. YES SO WE WILL
NOW MOVE TO PUBLIC COMMENT WILL
BE DOING ONE MINUTE EACH GIVEN
THAT I'VE ALREADY KEPT YOU ALL
30 MINUTES OVER. UM AND WE WILL
START WITH PUBLIC COMMENT HERE
IN THE ROOM. SO IF YOU'D LIKE TO
SPEAK, PLEASE COME FORWARD TO
MICROPHONE. AND JUST REMEMBER TO
IN ADDITION TO YOUR COMMENT,
NAME AND ORGANIZATION, PLEASE
THANK YOU. AND GOOD AFTERNOON
MADAM CHAIR AND MEMBERS CHRIS
ANDERSON ON BEHALF OF THE
ASSOCIATION OF CALIFORNIA WATER
AGENCIES. IS THAT MY GONE I'M
SORRY. YEAH, OKAY. UM FIRST JUST
WANT TO THANK THE COMMITTEE AND
THE STAFF FOR ORGANIZING IN THE
HEARING ON AN INCREDIBLY
IMPORTANT TOPIC AQUA REPRESENTS
OVER 460 PUBLIC WATER AGENCIES
THAT COLLECTIVELY DELIVER 90% OF
THE WATER USED FOR RESIDENTIAL,
COMMERCIAL, AGRICULTURAL AND
ENVIRONMENTAL PURPOSES. YEAH.
LET'S SEE IF I CAN GET IT. THERE
WE GO. UM CALIFORNIA'S WATER
RIGHT PRIORITY SYSTEM IS
ESSENTIAL TO OUR STATE'S
ECONOMIC, SOCIAL AND
ENVIRONMENTAL STABILITY AND THE
WATER RIGHTS THAT THE PEOPLE THE
LEGISLATURE AND THE COURTS HAVE
DEVELOPED OVER THE PAST CENTURY
HAVE PROVIDED THE LEGAL
FRAMEWORKS BASED UPON WHICH
BILLIONS OF DOLLARS HAVE BEEN
INVESTED TO MAKE WATER AVAILABLE
FOR CALIFORNIANS, THE
LEGISLATURE AND WATER AGENCIES
IN CALIFORNIA ARE ACUTELY AWARE
THAT CLIMATE CHANGE IS ONE OF
THE MOST SERIOUS AND CONCERNING
PRESSURES. ON OUR WATER
RESOURCES AND SYSTEMS TODAY AND
THAT CLIMATE CHANGE WILL
EXACERBATE. UH THE HYDROLOGIC
EXTREMES AND CHALLENGE AND
INCREASED CHALLENGES TO WATER
MANAGEMENT AS CALIFORNIA'S
CONTINUE TO MAKE SIGNIFICANT
ADVANCES IN USING WATER
EFFICIENTLY AND DEVELOPING
RESILIENT WATER SUPPLIES,
UTILIZING THE WATER I PRIORITY
SYSTEM IS FOUNDATIONAL TO
ENSURING WATER SUPPLY
RELIABILITY. UM WE DO APPRECIATE
THAT THE ADMINISTRATION AND THE
WATER BORDER PROPOSING
ADDITIONAL IMPROVEMENTS TO TOOLS
THAT WILL ENHANCE DATA AND
TRANSPARENCY IN ORDER TO IMPROVE
WATER RIGHTS ADMINISTRATION. UM
AND WE KNOW THAT THIS YEAR WILL
BE FULL OF VERY ROBUST
DISCUSSIONS ABOUT SEVERAL
PROPOSALS THAT ALCOHOL CERTAINLY
BE ENGAGED IN. UM WE CERTAINLY
BELIEVE THAT ANY AND ALL
LEGISLATIVE PROPOSALS MUST
MAINTAIN THE EXISTING PRIORITY
SYSTEM AS IT'S LEGAL AND
OPERATIONAL FOUNDATION. WORKING
WITHIN WITHIN THIS EXISTING
STRUCTURE TO MEETING THE WATER
NEEDS OF THE STATE, AND WE LOOK
FORWARD TO CONTINUE DISCUSSIONS
AND OPPORTUNITIES TO COLLABORATE
THROUGHOUT THE YEAR. THANK YOU.
THANK YOU. THANK YOU. CHAIR
MEMBERS OF THE COMMITTEE. THIS
IS ALEX BLOOM ON BEHALF OF THE
NATURE CONSERVANCY AND TROUT
UNLIMITED. I REALLY ENJOYED THE
DISCUSSION AND APPRECIATE YOU
ALL TO DEDICATING THE TIME TO
DIVE INTO THESE ISSUES, AND I
WANT TO FLAG A COUPLE OF
RELEVANT BILLS. CALIFORNIANS
EXPERIENCING WATER WHIPLASH MORE
FREQUENT AND LONGER DROUGHTS,
PUNCTUATED BY MORE INTENSE
STORMS. A BY PRODUCT OF CLIMATE
CHANGE ASSEMBLY BILL 12 72 BY
SOME MEMBER WOULD IS CRITICAL TO
PROACTIVELY ADDRESSING THIS NEW
REALITY THAT WE'RE FACING BY
REQUIRING THE STATE TO DEVELOP
PRINCIPLES AND GUIDELINES FOR
THE DIVERSION USE OF WATER AND
COASTAL WATERSHEDS DURING TIMES
OF WATER SHORTAGE, A B 12 72
WILL ALLOW THE STATE TO BETTER
PROTECT IMPORTANT COASTAL
RIVERS. AND PROVIDE MORE
SUSTAINABLE WATER SUPPLIES FOR
BOTH PEOPLE AND NATURE.
IMPORTANTLY COAST, THE COAST
REPRESENTS A BRIGHT SPOT BECAUSE
THE WATERSHEDS PRODUCE MORE THAN
ENOUGH WATER FOR PEOPLE IN
NATURE. IF ONLY WE CAN MANAGE IT
WISELY, AND THAT WOULD BE A
PLUS. UM FINALLY, ON BEHALF OF
THE ENVIRONMENTAL DEFENSE FUND
IN THE NATURE CONSERVANCY. IN
LIGHT OF THE COMMENTS ABOUT THE
IMPORTANCE OF WATER DATA. I'D
ALSO LIKE TO NOTE THAT SB 3 61
BY SENATOR DODD WILL HELP
IMPROVE WATER DATA SYSTEMS BY
UPGRADING OUR STREAM GAUGES AND
OTHER WATER DATA INFRASTRUCTURE.
COMPREHENSIVE WATER DATA IS
ESSENTIAL TO MANAGE WATER AND
MEET MULTIPLE NEEDS, INCLUDING
THE PROTECTION OF THREATENING
DANGER. AQUATIC SPECIES,
CRITICAL FRESHWATER ECOSYSTEMS.
SENIOR WATER RIGHTS AND WATER
TRANSFERS. THANK YOU FOR THE
OPPORTUNITY TO WRITE COMMENTS.
THANK YOU. MY NAME IS GRANNY
ELBOW PRY. I'M A ROW CROP FARMER
IN THE LEGAL DELTA. I'M A
TRUSTEE TO RECLAMATION DISTRICT
551, AND WE HAVE PARTNERED WITH
PROFESSOR JEFF MITCHELL AT THE U
. C. N. R ON WATER EFFICIENCY
STUDIES. THE DELTA IS A UNIQUE
TITLE ESTUARY WITH SURFACE WATER
CONSTANTLY FLOWING UP AND DOWN
AS GROUNDWATER. GROUNDWATER AND
MOST ILLEGAL DELTA IS ACTUALLY
PRETTY HIGH. OUR FARMERS
GROUNDWATER REACHES A LOW OF
ONLY 12 FT. DEEP, ACCORDING TO
NASA'S GRACE PROGRAM. WITHOUT
PROPER DRAINAGE AND NON
CONSUMPTIVE USE LANDS IN THE
LEGAL DELTA WOULD SEE THE WATER
TABLE RISE ABOVE THE SOIL,
FLOODING THE REGION AND SPURRING
NATURAL VEGETATION. AND ACTUALLY
PER DEPARTMENT OF WATER
RESOURCES. 2009 CALIFORNIA WATER
PLANT UPDATE THIS WOULD ACTUALLY
INCREASED THE WATER USE IN THE
DELTA COMPARED TO CURRENT
AGRICULTURE USES. HERE ARE SOME
OF THE NUMBERS PROVIDED BY WWOR.
TOMATOES HAVE THE LOWEST
EVAPORATE TRANSPIRATION RATE AN
ANNUAL RATE OF 34.3 INCHES,
WHEREAS FLOODED REPAIRING
HABITATS AND VEGETATION HAD THE
ABSOLUTELY HIGHEST ANNUAL RATE
OF EVAPORATION TRANSPIRATION OF
67.8 INCHES. HENCE ANY DELAYS
AND NON CONSUMPTIVE WATER USED
FOR AGRICULTURE AND THE LEGAL
DELTA FOR WATER CODE SECTION.
878 WILL INCREASE THE RATE OF
EVAPORATION AND THUS WATER USE
IN THE DELTA. AND THE ARAB
CLIMATE CHANGE. EVAPORATION
ALREADY FAR OUTWEIGHS OUR
RAINFALL. MORE THAN EVER.
CALIFORNIA REQUIRES INVESTMENT
IN FLOOD WATER RECLAMATION TO
MAINTAIN THE HYDROLOGICAL
BALANCE BOTH IN THE DELTA AND
ACROSS THE STATE, EMPHASIZING
GROUNDWATER RECHARGE. FOR THESE
REASONS. I APPLAUD THE
INTRODUCTION OF A B 305 BY
ASSEMBLYMEMBER'S CARLOS V.
VALLAPUDUA IN HOPES OF MAKING
THESE CHANGES. THANK YOU
COMMITTEE. THANK YOU. MADAM
CHAIR AND MEMBERS OF THE
COMMITTEE. MY NAME IS CODY
PHILLIPS ON THE POLICY ANALYST
FOR CALIFORNIA COAST KEEPER
ALLIANCE. I WANT TO THANK YOU
FOR HOLDING THIS IMPORTANT
HEARING TODAY. AND WHILE THERE'S
A LOT TO BE SAID MY COMMENT IS
GOING TO BE FOCUSED ON TWO
POINTS I JUST REALLY WANT TO
HIGHLIGHT. UM THE FIRST IS THAT
IT'S VERY IMPORTANT TO NOTE THAT
THE CURRENT WATER SYSTEM REALLY
EMBODIES WHAT IT MEANS TO HAVE
SYSTEMIC INEQUALITIES BECAUSE
THE SYSTEM FAVORS THE OLDEST
SENIOR WATER RATES, BUT
PREVENTED MANY NON WHITE
SETTLERS FROM HOLDING WATER
RIGHTS. UM AT THE OUTSET,
KEEPING THE CURRENT SYSTEM
REALLY ONLY WORKS TO ENSHRINE
THOSE HISTORIC INEQUALITIES.
RESTORE THE DELTA NONPROFIT JUST
RELEASED THE RESULTS OF A
CALIFORNIA WATER RIGHTS ANALYSIS
THAT WAS ACTUALLY PREVIOUSLY
PUBLISHED BY DWR. AND THE
RESULTS ARE REALLY NOT
SURPRISING IF YOU KEEP IN MIND
TO HOW THE WATER IT SYSTEMS WAS
ORIGINALLY DEALT WITH, SO ANY
MODERNIZING OF THE SYSTEM REALLY
CAN'T JUST LOOK FORWARD. IT ALSO
HAS TO LOOK BACKWARD TO MAKE
SURE THAT THOSE INEQUITIES
AREN'T CARRIED FORWARD. THE
SECOND IS I WANT TO MAKE SURE
THAT THE STATE WATER BOARD ISN'T
JUST GIVEN LEGAL ABILITY TO
MODERNIZE THE WATER SYSTEM, BUT
ALSO THE RESOURCES ON THE GROUND
TO MOVE FORWARD WITH THAT. THEY
HAVE MANY LEGAL OBLIGATIONS LIKE
THE OBLIGATION TO PROTECT THE
PUBLIC TRUST TO ENSURE NO WASTE
AND UNREASONABLE USE INTO, PATEL
WRITES WHEN THERE'S NOT ENOUGH
WATER TO GO AROUND, UM, A B 13
37 WILL ACTUALLY GIVE THE
WATERBOARD THE AUTHORITY TO
CURTAIL WATER RIGHTS TO PROTECT
THOSE NECESSARY NEEDS. UM, BUT
WITHOUT GRANTING THE STATE WATER
BOARD ADDITIONAL RESOURCES TO
ENFORCE THOSE, UH, THOSE GRANTS
THEN WE'RE REALLY HAVING SOME
OVERSIGHT THERE, SO MODERNIZING
OUR WATER RATES INCLUDES
CONSIDERATION OF BOTH THE LEGAL
STRUCTURE AND WHAT'S HAPPENING
ON THE GROUND. THANK YOU FOR THE
TIME. THANK YOU. GOOD AFTERNOON
. MY NAME IS ASHLEY OVER HOUSE
AND THE WATER POLICY ADVISOR
WITH DEFENDERS OF WILDLIFE. I'M
ALSO HERE ON BEHALF OF RESTORED
THE DELTA WHO MY COLLEAGUE JUST
PREVIOUSLY MENTIONED. UM THANK
YOU TO THIS COMMITTEE AND
SPECIAL THINGS TO MADAM CHAIR
FOR HOLDING THIS IMPORTANT
HEARING. WE GREATLY APPRECIATE
IT AND YOUR EFFORTS TO ENFORCE
WATER LAW SPECIFICALLY BY
EMPOWERING THE STATE WATER BOARD
TO ENSURE FISH AND RIVERS GET
WATER EXTINCTION IS NOT A COST
OF BUSINESS DEFENDERS SUPPORTS
ABBY 4 60 IS GRATEFUL TO ALL WHO
HAVE WORKED ON THE LEGISLATION.
THE LAST FOUR YEARS IN
SUBSEQUENT AND WATER MANAGEMENT
DECISIONS HAVE HAD REAL IMPACTS
ON CITIES, FARMS AND ALSO THE
ENVIRONMENT AND FISHERIES. AND
WITH THE CLIMATE IMPACTS
BECOMING THE NEW NORMAL WE MUST
BE BETTER PREPARED, MOVING
FORWARD THAT REQUIRES CHANGING
THE STATUS QUO AND NOT
CONTINUING TO RELY ON WAIVERS OR
STRING OF EMERGENCY DROUGHT
DECLARATIONS ADDITION TO THE
EXPERTISE YOU HEARD TODAY.
DEFENDERS ALSO URGES LAWMAKERS
IN THE COMMITTEE TO SEEK
ENVIRONMENTAL JUSTICE
PERSPECTIVE, POTENTIALLY ON
FUTURE PANELS OR FUTURE
HEARINGS. SPECIFICALLY FROM
RESTORE THE DELTA, AND WE WANT
TO THANK FOR THE INCLUSION OF
TRIBAL VOICES FROM THE KARAOKE
TRIBE TODAY AND MADAM CHAIR FOR
ACKNOWLEDGING THE
INTERCONNECTION OF THE
IMPORTANCE OF TRIBAL WATER
RIGHTS AND TRIBAL VOICES IN
FUTURE HEARINGS AND DISCUSSIONS
THAT THIS COMMITTEE WILL I'M
SURE TAKE ON. THANK YOU SO MUCH
FOR YOUR TIME. THANK YOU. HELLO
MY NAME IS MICHELLE REIMERS. I'M
THE GENERAL MANAGER FOR TURLOCK
IRRIGATION DISTRICT. WE ARE THE
OLDEST IRRIGATION DISTRICT IN
THE STATE. UM WE ARE THE WE HAVE
BOTH SENIOR AND POST 1914 WATER
RIGHTS. UM I FEEL LIKE THERE WAS
A LITTLE BIT OF, UH WATER RIGHT
HOLDERS LEFT OUT OF THIS
DISCUSSION. UM WE DO OUR VERY
BEST WE HAVE. WE'RE NOT ALL BAD
ACTORS. UM, WE'RE VERY
TRANSPARENT. WE'VE WORKED WITH
THE STATE WATER BOARD. WE DO ALL
OF OUR REPORTING AS PUBLIC. UM I
DO AGREE THAT THERE IS ROOM TO
IMPROVE THE WATER RIGHTS SYSTEM
AS IT AS IT'S WRITTEN TODAY, WE
SUPPORT THE IMPLEMENTATION OF
THE WATER RIGHTS PRIORITY SYSTEM
. WE SUPPORT THAT STATE WATERS
BOARD STAFF. USE THIS AUTHORITY
TO STOP ILLEGAL DIVERSIONS. BUT
I DO AGREE THEY NEED MORE
RESOURCES. UM, YOU KNOW, IT'S
BEEN SAID THAT THE SYSTEM SHOULD
BE ADAPTED TO BEING MORE NIMBLE
AND EFFICIENT. AND I DON'T
DISAGREE, BUT I THINK THE
INFRASTRUCTURE HAS TO MATCH THAT
AS WELL. I APPRECIATE THE
OPPORTUNITY TO MAKE THESE
COMMENTS. THANKS. THANK YOU. I
DON'T SEE ANY MORE COMMENTS IN
THE ROOM SO WE WILL GO TO THE
PHONE LINES MODERATOR. YOU
THERE. THANK YOU AWESOME. FOR
PUBLIC COMMENT. IF YOU WISH TO
MAKE PUBLIC COMMENT AT THIS
TIME, PLEASE PRESS THE ONE
FOLLOWED BY ZERO AND WE'LL GO TO
THE LINE 32. HI CALLER ONLINE.
30 TO YOUR PHONE IS OPEN. ARE
YOU THERE? JUST A REMINDER TO
THE CALLER'S NAME AND
ORGANIZATION. IF YOU HAVE ONE,
AND WE'RE KEEPING IT TO 1 TO 2
MINUTES HELLO. CAN YOU HEAR ME?
WE CAN HEAR YOU. HI MY NAME IS
STEPHANIE AND I'M A RATEPAYER
OUT IN A SMALL LITTLE RURAL
COMMUNITY URBAN AND WILL, UM, I
JUST WANT TO SAY AFTERNOON MADAM
CHAIR AND COMMITTEE MEMBERS, UM
IN THE OPENING. I'VE BEEN ON THE
THUMB FOR QUITE A WHILE. IT WAS
STATED HOW WE CAN BETTER MANAGE,
AND THEN IT WENT ON TO SAY ONE.
CAN WE GET IT RIGHT? I THINK
THOSE ARE TWO SIMPLE QUESTIONS
THAT SHOULD HAVE BEEN ASKED
ESPECIALLY THE LAST 100 YEARS,
MAYBE IN THE LAST 40. BUT HERE'S
MY POINT. IT DOESN'T TAKE A
GENIUS TO KNOW THAT THIS IS
LITERALLY BLUE GOLD RIGHT NOW. I
THINK YOU GUYS ARE IMPLEMENTING
AND IT WAS STATED IN YOUR
HEARING. WE ARE IN A CRISIS AND
I DON'T KNOW WHY WE'RE
RECREATING EVERYTHING OVER AND
OVER. IT SEEMS TO BE THAT EVERY
TIME YOU TURN AROUND, AND EVEN A
GENTLEMAN THAT STATED IN THE
LAST COMMENTS, ENVIRONMENTALISTS
, HE STATED CLIMATE AGAIN. YOU
CAN SEE IT ON MEDIA MEDIA IS
GOING TO PUSH WHATEVER THEY
WANT. IT'S COMMON SENSE RIGHT
NOW, BUT I THINK LAST WEEK OR
TWO WEEKS AGO I WAS ON THE FLOOD
CONTROL HEARING AND THEY WERE
TALKING ABOUT OH, GETTING IN
TOUCH WITH THE NATIONAL WEATHER
. IT'S LIKE, COME ON. THAT COULD
HAVE BEEN DONE LIKE IN 1996 WHEN
IT WAS ELECTRONICALLY THEY COULD
GET ONLINE AND 27 YEARS AGO. WHY
ARE WE STILL DEALING WITH ALL
THESE ISSUES? IT DOES NOT MAKE
SENSE. AND THE LAST THING I NEED
TO SAY IS THE GENTLEMAN THAT WAS
ON THE PHONE THAT WAS NATIVE
AMERICAN. I THINK THE PROBLEM
WOULD BE SOLVED ALL WOULD JUST
LEAVE AND HAND THIS LAND BACK TO
THE NATIVE AMERICANS. THANK YOU.
THANK YOU FOR CALLING IN NEXT
COLOR, PLEASE. LINE 44 0. HI MY
NAME IS CHINA. I'M OUT IN YUBA
COUNTY JUST LISTENING TO THE
CONVERSATIONS TODAY. I DON'T
KNOW THAT I HAVE ANY GREAT
ANSWERS EITHER, BUT I DO OBJECT
, BUT THERE ARE NOT ANY WATER
RIGHTS HOLDERS INVITED TO YOUR
CONVERSATION. TODAY Y'ALL SEEM
TO BE WORKING IN AN ECHO
CHAMBER. AND ALSO AS A MEMBER OF
THE PUBLIC. I WANT TO MAKE SURE
YOU UNDERSTAND THAT WE HAVE NO
FAITH IN YOUR ABILITY TO SOLVE
THIS PROBLEM. THANK YOU. THANKS
FOR CALLING IN. THANK YOU AT
THIS TIME. THERE ARE NO FURTHER
LINES IN QUEUE FOR PUBLIC
COMMENT. GREAT WELL, THEN, WITH
THAT WE WILL ADJOURN THIS
HEARING. THANKS EVERYBODY FOR
PARTICIPATING. CHAIR. JUMP BACK
AND LOOKED LIKE IT.