On Tuesday, August 3rd, 2021 California Water Regulators voted unanimously to have tight control on water to local farms across the California Delta. The Delta is currently undergoing a severe drought for the second year in a row, with April, May, and June showing the warmest temperatures on record since 1986. An emergency order was made to ban farmers from diverting any more than 55 gallons of water per day from the delta, its streams, or its rivers. The order is not in effect as of today, it will need to be presented and approved by the Office of Administrative law, and a new release will need to be made. Officials are expecting it to be approved and in effect starting August 16th, 2021.
Farmers are still able to divert water as needed, but in order to do so they must sign a petition and proposal, in addition in the case that a farmer holds water rights, they must also notify the deputy director, report both their water usage and submit paperwork verifying their compliance with the new regulations. If petitions are not filed, officials say that fines will be incurred, and the water board will be enforcing any high-level water violations.
During the Q and A two major concerns were brought up. The first that this violates due process rights, the second that it places the burden of proof on farmers to prove they hold water rights. To remedy these concerns, it was suggested that order not be placed into effect immediately. More time is necessary for farmers to gather proof for water rights, and to plan for the water restriction.
