Tag: california water
Rights To California Surface Water Far Greater Than Average Runoff

Rights To California Surface Water Far Greater Than Average Runoff

By Bettina Boxall, Los Angeles Times

LOS ANGELES — California over the last century has issued water rights that amount to roughly five times the state’s average annual runoff, according to new research that underscores a chronic imbalance between supply and demand.

That there are more rights than water in most years is not news. But University of California researchers say their study is the most comprehensive review to date of the enormous gap between natural surface flows and allocations.

Of 27 major California rivers, rights on 16 of them exceed natural runoff. Among the most over-allocated are the San Joaquin, Kern, and Stanislaus rivers in the San Joaquin Valley and the Santa Ynez River in Southern California.

In theory, that difference is not necessarily a problem. It gives water agencies and irrigation districts with junior rights access to additional supplies during wet years, when runoff is above average and there is plenty to go around. But in reality, study co-author Joshua Viers said, it fosters unrealistic expectations for water that is often not available.

“It gives the public a false sense of water security,” said Viers, a UC Merced professor of water resources. For the most junior rights holders, he added, “It’s kind of like standing in line to get into a concert and they give you a ticket when they’re already at capacity. But you don’t know that you’ll never actually get in to see the show.”

The study, published online Tuesday in the journal Environmental Research Letters, analyzed public data from the State Water Resources Control Board, which administers water rights, and compared it with estimates of natural surface flow.

While the annual statewide flow averages 70 million acre feet, water rights issued since 1914 allocate 370 million acre feet. (An acre foot of water is sufficient to supply two households for a year.)

“What is the most compelling about this,” Viers said, is “that the appropriated rights are so much more than the actual full natural flow. In many cases, we’ve five to 10 times over-promised.”

Moreover, the state database does not account for riparian rights granted to streamside landowners or pre-1914 rights, under which some irrigation districts and cities claim huge amounts of water. “So in many ways our estimate is a substantial underestimate of the total volume of rights,” he said.

Viers conducted the study with Ted Grantham, now a U.S. Geological Survey scientist, when Grantham was a postdoctoral researcher at UC Davis.

The authors say that the state board has spotty information on actual water use by rights holders, hampering its ability to do its job.

“We’re not lacking in technology and know-how,” said Viers, who argued that the state is short on funding and “the political will” to develop information and monitoring systems to strengthen water rights oversight.

“We need both better information infrastructure and policy in order to make better decisions about water use in California,” he said.

Photo: Los Angeles Times/MCT/Don Bartletti

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California Water Agency Wins Damage Suit Against Feds

California Water Agency Wins Damage Suit Against Feds

By Michael Doyle, McClatchy Washington Bureau

WASHINGTON — A federal appeals court has delivered a big victory to a small water district in California’s parched San Joaquin Valley.

Judges concluded that the government owes additional damages for the Bureau of Reclamation’s failure to deliver enough water to the Stockton-based Central San Joaquin Water Conservation District. Potentially, the district could collect millions of dollars.

“We are thrilled that the court of appeals has seen the justice of Central’s claim,” attorney Roger J. Marzulla said Monday, adding the decision “now clears the way for Central to recover at least a portion of the tremendous damage done … by Reclamation’s unexcused breach of contract.”

The ruling issued Friday by the U.S. Court of Appeals for the Federal Circuit reversed a trial judge, who had rejected the water district’s claims for “expectancy” damages. In this case, these cover things like damages to farmers and the local groundwater aquifer resulting from the shortfalls in surface water deliveries.

The water district has previously asked for about $13.1 million in damages.

The appellate court’s 18-page opinion does not specify how much the district will be paid. It does, however, endorse the district’s overall claim that it is owed damages even though it had stopped asking for all the water owed it under the contract.

“Central and its farmer clients were on notice that Reclamation was not going to supply the contractual quantities of water,” Judge S. Jay Plager said. “At some point, most people stop asking for what they are told they are not going to get.”

Plager further ordered the government to pay Central’s legal costs for the appeal, which doesn’t always happen. A trial judge in the U.S. Court of Federal Claims will now determine how much the government must pay.

The ruling resonates among other California irrigation districts, which between drought and enhanced environmental protections have been facing dry spells of their own. The ruling also punctuates a remarkably long legal odyssey that began in 1993.

Central serves 67,000 acres in San Joaquin County. Along with the larger Stockton East Water District, Central anticipated getting water from New Melones Reservoir, completed in the late 1970s.
Central’s contract called for a minimum of 56,000 acre-feet of New Melones water annually. But with enactment of a 1992 federal environmental law, called the Central Valley Project Improvement Act, Bureau of Reclamation officials warned they could no longer deliver the contracted-for amount.

The two Stockton-based water districts subsequently sued.

Between 1999 and 2004, the federal Bureau of Reclamation delivered an average of 14,000 acre-feet of water annually to Central. The claims court initially dismissed the water districts’ lawsuit in 2007. But in 2009, the appeals court reversed the trial judge and concluded that the Bureau of Reclamation had, in fact, breached the water contracts between 1999 and 2004.

Last year, the claims court awarded Stockton East $2.27 million. The amount is the difference between what Stockton East paid other irrigation districts for substitute water, and what it would have paid for cheaper New Melones water. The Central district was awarded $149,950. Neither district was awarded expectancy damages.

Central appealed, while Stockton East settled with the government after trial.

Photo via WikiCommons

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