California water rights verification bill, SB 389, passes Senate and advances to Governor’s Desk
On September 12, the California State Senate approved SB 389, legislation by Senator Ben Allen (D – Santa Monica) that gives the State Water Resources Control Board the power to verify pre-1914 and riparian water rights.
The bill passed by a vote of 30 ayes to 8 noes. The ayes were Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab and Wiener.
The noes were Alvarado-Gil, Dahle, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk. The two NVRs were Caballero and Grove.
Bill proponents include a coalition of environmental, science, fishing and climate justice groups and the Karuk Tribe, Winnemem Wintu Tribe and Shingle Springs Band of Miwok Indians. They said the bill is needed because the Water Board “presently lacks the tools to promptly investigate and determine whether senior water right claims are inflated or represent the amounts that the claimants have the right to divert and use. Reforms allowing the Water Board to verify these claimed water rights could make water available for more junior water rights holders and, in times of scarcity, continue to provide for fishery and other key beneficial uses.”
In a statement, they said the Water Code amendment proposed by SB 389 would “address this gap in Water Board authority by allowing the Water Board to selectively investigate and determine whether a water right claimant, diverter, or user is diverting or using water under a defensible claim of right.”
“With this authority, the Water Board will have the ability to better manage the water system, benefitting all users and protecting the ecology of California’s many beautiful streams,” they stated.
On the other hand, the Contra Costa Water District, one of the bill opponents, argued that “substantive changes to the state’s water rights will have ripple effects with unintended consequences to what is a complex system. CCWD encourages legislators to consider holding additional hearings and forming working groups to bring water agency leaders operating under the existing water rights system together to discuss modifications that will achieve shared goals to protect water users and the environment.”
Representatives of the coalition of groups supporting legislation applauded the passage of the bill — and are urging Governor Gavin Newsom to sign it into law. The date that the Governor must sign or veto all bills is October 14.
“California’s current water rights system is outdated and inequitable,” said Dr. Amanda Fencl, Western States Senior Climate Scientist, Union of Concerned Scientists. “This bill provides a modest update by giving the Water Board accurate information about everyone’s water rights and usage, independent of when those rights were established, so it can more effectively manage our water resources.”
“The bill is a good first step looking at the origin of water rights that came about because of pre-1914 water rights that originated from murder, dispossession and genocide,” said Gary Mulcahy, Winnemem Wintu Tribe.
“SB 389 is an essential step as we work toward a sustainable and just water future in California,” stated Keiko Mertz, M.S., Policy Director, Friends of the River.
“SB 389 aims to ensure the Water Board has the information it needs to be able to operate the system responsibly and fairly for all users. Giving the board the power of verification is not punitive; it is information gathering…it’s just good accounting,” argued Matthew Baker, Policy Director, Planning and Conservation League.
“The success of SB 389 represents a pragmatic and common sense march towards remaking the water rights system so that it works for fish, water and people,” said Redgie Collins, Legal and Policy Director, CalTrout,
“SB 389 is a long overdue first step to addressing a broken water rights system that historically has not prioritized rural communities and communities of color. Enforcing water protection cannot be realized without accurate knowledge of water availability, usage, and modernized water rights,” said Marquis King Mason, Advocacy Partnership Coordinator, California Environmental Voters. “But our work isn’t done yet – we are determined and excited to continue building support for water rights reform. ”
Andy Hattala, Water Policy Lead, The Climate Reality Project California Coalition, noted that “SB 389 does not solve the water crises, nor the water volatility faced by California. However, it enumerates powers and enables oversight of water rights essential to the establishment of better and more sustainable water management.”
Below are the lists of supporters and opponents of the bill:
SUPPORT: (Verified 9/11/23)
Planning and Conservation League (source)
California Climate Reality Coalition
California Coastkeeper Alliance
California Environmental Voters
California Outdoors
California Sportfishing Protection Alliance
California Water Research
Clean Water Action
Climate Action California
Climate Reality Project, Los Angeles Chapter
Climate Reality Project, San Fernando Valley Chapter
Coast Action Group
Defenders of Wildlife
Friends of The River
Karuk Tribe
Mono Lake Committee
Natural Heritage Institute
Northern California Council, Fly Fishers International
Pacific Coast Federation of Fishermen’s Associations
Restore the Delta
Sacramento River Council
San Francisco Baykeeper
San Mateo County Democracy for America
Shingle Springs Band of Miwok Indians
Sierra Club California
Trout Unlimited
Tuolumne River Trust
Union of Concerned Scientists
Water Foundation
Water Replenishment District
Wholly H2O
Winnemem Wintu Tribe
OPPOSITION: (Verified 9/11/23)
Agricultural Council of California
Antelope Valley East-Kern Water Agency
Bella Vista Water District
California Alliance for Jobs
California Association of Winegrape Growers
California Builders Alliance
California Building Industry Association
California Business Properties Association
Carmichael Water District
City of Fairfield
Coachella Valley Water District
Coastside County Water District
County of Fresno
County of San Joaquin
County of Tulare
Cucamonga Valley Water District
East Turlock Subbasin Groundwater Sustainability Agency
Florin Resource Conservation District
Friant Water Authority
Humboldt Bay Municipal Water District
Jerry Dyer, Mayor of City of Fresno
Kern County Water Agency
Kings River Conservation District
Kings River Water Association
Lake Arrowhead Community Services District
McKinleyville Community Services District
Modesto Irrigation District
Mojave Water Agency
Montecito Water District
Mountain Counties Water Resources Association
Napa County Flood Control and Water Conservation District
Orange County Water District
Pinedale County Water Agency
Placer County Water Agency
Rosedale-Rio Bravo Water Storage District
Sacramento Regional Builders Exchange
San Diego County Water Authority
San Gabriel Valley Municipal Water District
San Gorgonio PASS Water Agency
San Joaquin River Exchange Contractors Water Authority
San Juan Water District
San Luis Delta-Mendota Water Authority
Santa Clarita Valley Water Agency
Santa Margarita Water District
Solano County Board of Supervisors
Solano Irrigation District
State Water Contractors, Inc.
Stockton East Water District
Sweetwater Authority
Tehachapi-Cummings County Water District
Tranquillity Irrigation District
Tri-County Water Authority
Tulare Irrigation District
Tuolumne County Water Agency
Tuolumne Utilities District
United Water Conservation District
Upper San Gabriel Valley Municipal Water District
Valley Center Municipal Water District
Western Canal Water District
