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Browsing the archives for the Agriculture – California category.

Water Taken From Families and Farms Not Enough for Leftist Environmentalists

Agriculture - California, Air, Climate & Weather, California water, Clean Water ACT - EPA, Endangered Species Act, Federal gov & land grabs

California Political Review

The Left is upset; you still have enough water to boil an egg. Obviously you do not care if fish bait (delta smelt) are comfortable. The very confused Guv Brown just spent $287 million meant for dams for the comfort of delta smelt. He also took water from a lake meant for farmers, to continue to make the delta smelt comfortable. He also spent $10 million to create a delta smelt hatchery at UC Davis—which has created 20,000 fish bait.

“All of that boils down to the impact on fish in the California Delta. The complaint says the state’s practices have virtually driven the Delta smelt to extinction and imperil the futures of other fish.

The complaint points to the Board’s issuance of temporary urgency change petitions that have impacted water quality and fresh water flows, especially in the California Delta.”

After all that Brown has done for the fish bait and to the California citizens, that is still not enough. Seriously, you think water and money should be given for the welfare of the delta smelt? Personally, worms are cheaper.


State accused of killing off endangered fish

Central Valley Business Times, 7/22/15

  • Complaint says Brown Administration favors alfalfa over fish

  • “If the SWRCB can require urban conservation, it can also require conservation in agriculture”

The State Water Resources Control Board has failed to follow the law and the state Constitution by favoring farmers over fish through its decisions – and lack of enforcement, the California Sportfishing Protection Alliance says in a lengthy complaint filed against the board Wednesday.

It says the State Water Board, the U.S. Bureau of Reclamation through its Central Valley Project, and the Department of Water Resources through its State Water Project, have violated the Bay Delta Water Quality Control Plan, its implementing requirements, the federal Clean Water Act, the federal Endangered Species Act, the public trust doctrine enshrined in California law and the state Constitution.

All of that boils down to the impact on fish in the California Delta. The complaint says the state’s practices have virtually driven the Delta smelt to extinction and imperil the futures of other fish.

The complaint points to the Board’s issuance of temporary urgency change petitions that have impacted water quality and fresh water flows, especially in the California Delta.

It also says the State Water Board has failed to enforce required water quality standards, including salinity standards that were supposed to have been imposed five years ago.

“Considering the conditions of drought which are described in the ‘drought emergency’ declared by Governor Brown — the curtailments of water rights, the waiver of … standards to protect fish and wildlife and water quality in the Delta watershed — it is time for the SWRCB to declare flood irrigation by agriculture during the drought emergency a waste and unreasonable use until the emergency is over,” says the complaint, in part.

“If the SWRCB can require urban conservation, it can also require conservation in agriculture. Flood irrigation in the Sacramento Valley in particular is unreasonable when the endangered salmon are facing extirpation. Increased evaporation from spreading water on the ground alone likely uses more stored water than that needed to save the fishery,” it says.

It says that growing alfalfa and irrigating pasture alone uses 8.6 million acre-feet of water in California and provides low net revenue and few jobs. “The SWRCB can and must reduce the quantity of water allocated to irrigated pasture and low-value crops like alfalfa that use prodigious amounts of water during the drought emergency. To continue this use is unreasonable and a waste of water and must be stopped or reduced until the drought emergency is declared over,” it says.

The formal complaint is expected to be merely a required precursor to taking the issues to court.

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Sacramento County Supervisors: Marijuana Cultivation is Water Waste

Agriculture - California, California Rivers, California water, State gov

California Political Review.com

This is a terrible choice for the Left. They want to stop “water waste” but do not want to stop the illegal growing of marijuana. What to do? We know that the growing of marijuana takes more water than the growing of almonds. Marijuana growers do not buy their water—they steal it. In the Yosemite area the major crime is the theft of water.

“”According to the California Department of Fish and Wildlife, a single marijuana plant uses an average of six gallons of water per day during the growing cycle,” said Supervisor Roberta MacGlashan, who introduced the proposal. In light of the state’s ongoing drought, she said it’s important to curb that waste.

Note the opposition to growing marijuana has nothing to do with it being illegal or a dangerous drug. Opposition is based on water use, not the criminal act. So, I guess the Sacramento Board of Supervisors have no problem with crimes being committed. We also know that since they protect illegal aliens from law enforcement. Why should any of us obey the law if elected officials don’t care?

Sacramento County Supervisors: Marijuana Cultivation is Water Waste

California County News, 07/20/2015

Violators of Sacramento County’s regulations on indoor marijuana cultivation will face even steeper fines following a vote by the Board of Supervisors Tuesday. That’s because the board has decided to revise the county’s water code and declare marijuana cultivation a form of water waste.

“According to the California Department of Fish and Wildlife, a single marijuana plant uses an average of six gallons of water per day during the growing cycle,” said Supervisor Roberta MacGlashan, who introduced the proposal. In light of the state’s ongoing drought, she said it’s important to curb that waste.

The rule goes into effect in 30 days. Those who cultivate more than the legal limit of nine plants could face additional fines of up to $500 per day. That’s $500 for water waste on top of the existing $500 fines for violating the cultivation rules.

Some residents complained that the changes unfairly target medical marijuana users.

“So if you’re going to regulate cannabis cultivators, you should find a way to regulate other things because they could have a greenhouse and could be growing all kinds of plants,” said Marriah Smith, who grows marijuana inside her home.

The code applies to households under the Sacramento County Water Agency area jurisdiction. Most cities within Sacramento County have ordinances of their own governing marijuana cultivation. Outdoor cultivation is already banned in unincorporated areas under restrictions approved last year.

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It’s my water — my grandfather paid for it, says California farmer

Agriculture - California, Air, Climate & Weather, California Rivers, California water, Water rights, Water, Resources & Quality

California issued its first cease-and-desist order on Thursday, July 16, 2015, telling an irrigation district to stop pumping water under this year’s tightened drought regulations. Some senior water rights holders are challenging California regulators authority to tell them to stop drawing water from rivers running dry due to the drought. Associated Press file photo by Rich Pedroncelli

Posted: |

FRESNO >> California water regulators flexed their muscles by ordering a group of farmers to stop pumping from a branch of the San Joaquin River amid an escalating battle over how much power the state has to protect waterways that are drying up in the drought.

The State Water Resources Control Board issued the cease and desist order Thursday against an irrigation district in California’s agriculture-rich Central Valley that it said had failed to obey a previous warning to stop pumping. Hefty fines could follow.


The action against the West Side Irrigation District in Tracy could be the first of many as farmers, cities and corporations dig in to protect water rights that were secured long before people began flooding the West and have remained all but immune from mandatory curtailments.

“I’ve made investments as a farmer based on the rule of law,” said David Phippen, an almond grower in the South San Joaquin Irrigation District. “Now somebody’s changing the law that we depend on.”

Phippen said his grandfather paid a premium price in the 1930s for hundreds of acres because it came with nearly ironclad senior water rights.

Phippen said he takes those rights to the bank when he needs loans to replant almond orchards or install new irrigation lines. He fears that state officials are tampering with that time-tested system.

“In the water world, the pre-1914 rights were considered to be gold,” said Ed Casey, a water attorney who says the battle between the state water board and farmers “tests … the limitations on that piece of gold.”

Several irrigation districts have filed unresolved legal challenges to stop the curtailments demanded by the state.

Among them is the West Side Irrigation District, which claimed a victory in a ruling last week by a Sacramento judge who said the state’s initial order to stop pumping amounted to an unconstitutional violation of due process rights by not allowing hearings on the cuts.

Superior Court Judge Shelleyanne Chang also indicated, however, that the water board can advise water rights holders to curtail use and fine them if the agency determines use exceeded the limit.

West Side is a small district with junior water rights, but the ruling also has implications for larger districts with senior rights.

West Side’s attorney Steven Herum said the order issued Thursday was prompted after the judge sided with his client.

“It is clear that the cease-and-desist order is retaliatory,” Herum said. “It’s intended to punish the district.”

Water board attorney Andrew Tauriainen disputed that contention, saying the state’s investigation began months ago and was slowed by the district’s recent lawsuit.

“A reasonable person could look at West Side Irrigation’s lawsuit and infer that it was timed to thwart the enforcement action that West Side knew was coming,” Tauriainen said.

Even if the state prevails in its push for curtailments, it would face manpower and equipment challenges trying to ensure that farmers in far-flung rural areas don’t illegally divert water.

The state has just 23 inspectors who have performed 250 field visits since May, when the state started to send more than 9,000 letters informing farmers and large water users of low flowing rivers and streams, said Kathy Mrowka, the state’s water rights enforcement manager.

Meanwhile, courts must sort out whether the state has the power to tell farmers what they can do with water claimed before the government got involved in 1914.

Buzz Thompson, a water rights expert at Stanford Law School, expects California to prevail in the fight to pursue its unprecedented water cuts because courts have consistently expanded its authority.

“It’s only when you get into a really serious drought that you finally face the question,” he said.

California is an anomaly among Western states in the way it treats water rights. Thompson said other states use widespread meters and remote sensors to measure consumption or don’t provide special status to those with property next to natural waterways.

“In any other state, this wouldn’t be a question,” he said.

California rights holders are going to have to abide by more strict measurement requirements starting next year after fighting several attempts to overhaul the rules for decades, said Andy Sawyer, a longtime attorney at the water board.

“They long thought it’s nobody else’s business,” said Lester Snow, executive director of the California Water Foundation, which advocates for better measurement of water consumption to improve management.



Nirappil reported from Sacramento, California.

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Court decision finds water districts were deprived of their water rights by bureaucratic govenment agencies

Agriculture - California, Air, Climate & Weather, California Rivers, California water, Lawsuits, Liberty

PNP comment: This is great news ! — Editor Liz Bowen

News from Pacific Legal Foundation

July 20, 2015

It’s a block-buster ruling for water rights and property rights, and Pacific Legal Foundation played a pivotal “behind-the-scenes” role to help make it happen.

A decision just issued by the Superior Court in Sacramento grants a preliminary injunction to four water districts that were issued curtailment (cease diversion) letters by the State Water Resources Control Board in May and June of this year. The four districts — Westside Irrigation District, Central Delta Water Agency, South Delta Water Agency, and the Woods Irrigation Company — argued that the letters deprived them of the use of their water rights in violation of the due process clause because the letters were issued without a prior hearing.

PLF is not directly involved in the case, but there’s no doubt we played a strong and powerful role in achieving this positive outcome. The trial court relied heavily on the 2014 decision in PLF’s Duarte v. Corps of Engineers case, in which the federal district court ruled that John Duarte could go to court to challenge the Corps “cease and desist” letter that ordered him to stop farming. Just like John Duarte, the water districts here have a right under the Due Process Clause to a hearing before their rights are taken away.

This state court decision is great news for California water right holders and property owners generally. It extends the Duarte holding from the single cease and desist letter individually addressed to Duarte and specifically identifying Duarte’s property, to form letters that the Water Board sent to hundreds of senior water right owners across California.

The pain of California’s drought is bad enough without regulators, acting under emergency regulations adopted by the State Water Resources Control Board, trying to pull a fast one to outright seize water rights. Drought or no drought, bureaucrats will have to answer to the rule of law. No organization is more determined to protect water rights and our constitutional liberties than Pacific Legal Foundation.

Thanks for your support. We hope you see that it is having a profound, and positive impact, in rescuing liberty from coast to coast.

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Recent storms impact stream channels on the Klamath National Forest

Agriculture - California, Air, Climate & Weather, Forestry & USFS

News from Klamath National Forest, USFS

July 20, 2015

Yreka, CA – Heavy rainstorms over the Klamath National Forest within the past week triggered a number of debris flows, with some blocking access roads. Water, rocks, mud and trees were swept downslope in the Music Creek, Beaver Creek, Grider and Walker Creek drainages.

“Not only did these storms start fires with lightning, in some areas they also brought up to an inch and a half of rain in as little as 30 minutes,” commented Forest Supervisor Patty Grantham. “On steep slopes where 2014 wildfires left extremely burned conditions, this amount of water falling in such a short time frame scoured out hillsides and small drainages and brought a slurry of mud and trees downhill.”

Patrolling for storm damage continues, and to-date 38 drainage pipes on Forest roads have been found to be completely or partially blocked and are being cleaned out. No significant road damage has occurred as a result of these debris flows. Over $1.3 million worth of burned area emergency repair (BAER) work was completed following the 2014 fires in order to safeguard water quality, and protect infrastructure, private property and natural resources from this type of heavy rain event. Storms of the past week have tested these repairs, and they continue to work successfully.

Heavy rain events are anticipated after fires and BAER work is implemented to reduce damage risk. The unusually high proportion of severely burned areas from the 2014 Klamath wildfires increases the risk of debris flows and property damage. “Even when we experience just average-size storms and rainfalls, post-fire landslides are common and expected in many Klamath drainages,” said Angie Bell, Klamath National Forest geologist. “Add water to steep slopes and erosive soils, especially ones where there is no longer living vegetation due to wildfire, and the likelihood of landslides is high.”
Removing vegetation can lead to increases in groundwater levels over time which in turn can lead to deep seated landslides. The 1997 flood triggered a disproportionate number of landslides in areas burned at high severity by the 1987 fires in the Grider, Walker and Elk Creek Watersheds.

As part of the proposed Westside Fire Recovery Project, tree planting activities are proposed for nearly 20,000 acres of the fire-effected landscape. Tree planting will mitigate wildfire effects to landslide processes by reestablishing living root systems on hillsides that will help hold soils in place in future storms.

“The best thing we can do to reduce the risk of landslides and property damage in the future from severely burned areas is to get trees growing on them again as quickly as possible,” commented Grantham. “Just due to the sheer size of the 2014 fires, the majority of the area will be left to reforest naturally. That will be a slow process, and we will be at increased risk of landslides for a longer period going that route. Areas left to naturally reforest will take more than 80 years to attain the same root stabilizing qualities that planted areas attain in about 30 years.”

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Judge in drought-hit California blocks water cut orders for some farmers

Agriculture - California, California Rivers, California water, State gov

By Victoria Cavaliere


LOS ANGELES (Reuters) – California regulators violated the rights of some farmers by demanding mandatory water cutbacks without giving them a prior hearing, a state judge ruled on Friday.

California is in the fourth year of a catastrophic drought that has cost its farm sector billions, and prompted the state’s first-ever mandatory cutbacks in urban water use.

Sacramento Superior Court Shelleyanne Chang issued a temporary order restraining the state from punishing four Central Valley districts, which includes dozens of farmers, for disregarding curtailment orders imposed to help conserve water, court records show.

Chang found the State Water Resources Control Board had violated their rights by ordering them to stop pumping from rivers and streams, to which they hold longstanding rights, without a “pre-deprivation hearing.”

The order could hinder regulators’ efforts to enforce water curtailment rules set this year for more than 9,000 holders of water rights, among them farmers growing crops such as olives, almonds, and cherries, the Sacramento Bee newspaper reported.

It was the first time in 40 years the state had moved to curtail the water rights of farmers and agencies whose claims date from before 1914, a group that is usually protected by their long-standing water rights.

Although Friday’s order covers only the four districts, the ruling could set a precedent and affect “everybody that received a curtailment order,” Sacramento water law attorney Stuart Somach told the paper.

The water board said it was reviewing the court order, but the ruling made clear regulators were still able to punish violators of the water code or illegal users of water.

Under the new rules, cities and towns must cut water use by a quarter, in a complicated regulatory system that requires some communities to cut back use by 36 percent but others as little as 4 percent.

“The Court has provided an opportunity for additional briefing on these issues, with a further hearing on the matter,” the board said in a statement.

Unauthorized diversions during the drought emergency can attract enhanced penalties of up to $1,000 per day and $2,500 per acre-foot of water diverted.

(Reporting by Victoria Cavaliere; Editing by Clarence Fernandez)

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Media event promotes Sites Reservoir

Agriculture - California, Air, Climate & Weather, California Rivers, California water, Dams other than Klamath, Water, Resources & Quality

PNP comment: The construction for Sites Reservoir should be in full steam ahead. Not this dithering. Thank you to these groups for bringing awareness to our governments’ and bureaucracies’ negligence in providing health and safety for its people. — Editor Liz Bowen

REDDING, California – Two groups are holding a press conference today to promote more water storage in California.

The groups have a water tanker loaded with 1,800 gallons of water that will travel to East Porterville to help alleviate a water shortage there, said Nadine Bailey, chief operating officer for the Family Water Alliance, one of the groups promoting the event.

Bailey said they hope to raise awareness of the need for more reservoirs to help solve the state’s water crisis. The immediate need is to build the proposed Sites Reservoir in Colusa County, she said.

“We need to upgrade our water system so communities like this don’t go dry,” Bailey said.

Building the Sites Reservoir, however, would not improve the water situation in East Porterville, a town in Tulare County, she acknowledged.

But using other state bond money would help the community build facilities that would alleviate its water shortage, she said.

Other volunteers are loading up their vehicles with bottled water to take down to East Porterville, Bailey said.

On their way to Tulare County the group plans to stop in Sacramento and hold a similar media event there, she said.


In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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California Fish and Wildlife Persecutes Ranchers Over Water Rights

Agriculture - California, California Rivers, California water, CORRUPTION, CRIMINAL, Dept. Fish & Game, State gov, Water rights, Water, Resources & Quality

Daily Surge.com

Read at


On June 10th, 2015, a dozen or more neighbors, in a small valley, located in far northern California, helped some ranchers gain access to their water rights, which dates back to 1863.  We went into the river and moved rocks.  Rocks displaced by a spring flood event, in order to get the water to flow toward the fish screen, at the mouth of a one hundred year old irrigation ditch.  Our neighbors needed help.  They had applied for a permit some six months earlier. They watched the river levels dropping, wondering why it would take more than half a year to get permission to do such a small job.  Finally, out of desperation, in order to put some water on the crops which provide for their families, more than a dozen of us answered the call for help.

We acted collectively knowing the state would have to make a decision to prosecute all of us.

California Fish and Wildlife is deciding whether to go forward with that prosecution.  Cal Fish and Wildlife contends that every surface water user must ask permission prior to turning water onto their crops.

Fish and Wildlife has an agenda.  California, using this agency, intends to gain control over all surface water rights in California.  Water rights are real property rights in California.  There is a priority system to ensure the rights are used under the “first in time, first in right doctrine”.  California’s executive agencies have been locked in a battle with farmers and ranchers for decades trying to gain control over all surface and subsurface water rights in our state.

To give an idea of the ridiculous nature of this persecution, one of the potential charges contemplated against us, is the act of “unlawfully entering a wet area.”  I never knew it to be a crime to step in the water.  There are State Senators, County Supervisors, State Assembly people and at least one Congressman now involved in our heinous act of making a leaky ten foot long rock dam.  Oh, and unlawfully entering a wet area.  The reason so many of us entered the wet area to help our neighbors get their water?  Because we know the Department of Fish and Wildlife is looking for someone to prosecute for failing to ask Big Brother’s permission to use adjudicated water rights.  Our community is not willing to allow our friends and neighbor go this alone.  Fish and Wildlife will either take all of us, or take none of us!

The open question for the people of California, as well as the rest of the United States is as follows; when is a right, not a right?  A property right is not a right when it requires permission or a permit.  I am reminded of Ben Franklin when he said, “Property must be secure or Liberty cannot exist.”  When permission is required, permission can be denied.   Fees are always involved.  The State is in a position to price people out of their property rights.  When does the Bill of Rights or the Charter of Rights in our State Constitution enter the process?

Article one; Section one, of the California Constitution declares that all people are free and independent by nature with certain inalienable rights.  Among them, acquiring, possessing, and protecting property.  Why bother to have Constitution when the agencies of the executive can ignore the Charter of Rights, or the Bill of Rights?  Why are we forced to ask government every time we want to water our crops, provide drinking water to our animals, in order to provide decent lives for our children?  If we are not to be denied Life, Liberty or Property, without due process, how is the executive branch of government allowed to dictate to the people they are supposed to serve, when, where and how, property can or cannot be used and how much it will cost you to use the  property you own.

The people of our watershed are waiting for the other shoe to drop.  We wait to see if the government of, for, and by, the people will choose to persecute us for using water we have the inalienable right to use.  We will not submit.  We will not abdicate our property rights to executive branch of the State of California or to any agency of that branch.  To do otherwise would be to admit that we have become subjects of the Monarchy called California.

Tyranny rarely fixes itself.

We must all ask ourselves whether our creation, (yes, people created government, not the other way around), has become our master?  This is the primary reason eight counties of California have signed Declarations and Petitions to withdraw from the State of California under Article 4, Section 3 of the United States Constitution, to form the 51st State.  The State of Jefferson.  Rural Northern California has no representation.  We must act to restore the inalienable rights to Liberty, and Property for ourselves and for generations to come.

Read more at http://dailysurge.com/2015/07/california-fish-and-wildlife-persecutes-ranchers-over-water-rights/

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Cities’ food supplies are eating into groundwater reserves, study finds

Agriculture - California, California water

PNP comment:  Leave it up to the liberal Huffington Post to get it wrong.  Modern agricultural practices feeds millions on an amazingly reduced amount of water. — Editor Liz Bowen

BLOG: Liquidating Our Water Resources – California Drought Highlights Unsustainable Agricultural Practices

Link is here:


From: Ellen Moyer, Huffington Post

The drought in California is now in its fourth year and the worst on record. All Americans should be concerned, because California produces nearly half of U.S.-grown fruits, vegetables, and nuts. Furthermore, 40 states in the U.S. are expected to experience water shortages within the coming decade. The crisis in California serves as an example of common agricultural policies and practices that damage our water supplies.

Response, below, from California Farm Water Coalition is right on — Editor Liz Bowen

Comment:  People claim that California’s farms are rife with waste, but experts who study the issue disagree. Researchers at California’s universities, including U.C. Davis, C.S.U. Fresno, and Cal Poly S.L.O. have refuted these claims repeatedly. Estimates of the amount of water that could be conserved in California agriculture were calculated in 2011 by researchers at the Center for Irrigation Technology in CSU Fresno at 1.3 percent of total farm water use. That would be less than 2% of the water that flows out the Delta and under the Golden Gate Bridge every year.

Focusing exclusively on agricultural economic numbers doesn’t take into account the many other related fields that rely on farm products. For instance, the processing and transportation of those crops are considered different industries, meaning they are categorized differently, despite being so intertwined with agriculture. Likewise, the statement that agricultural water accounts for 80% of the state’s water use is also incorrect. According to the California Department of Water Resources, the water humans manage is allocated at 50% for environmental uses, 40% for agricultural uses, and 10% urban use.

It’s important to use the most reliable, current sources when discussing an issue as critical as water in California’s drought.


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Cities’ food supplies are eating into groundwater reserves, study finds

Agriculture - California, California Rivers, California water

PNP comment: ‘Bout time that someone figured out that water for agriculture goes to feed the multitudes in cities ! — Editor Liz Bowen


From: Sasha Lovett, Los Angeles Times

Groundwater in America’s major aquifers is being used up way faster than it’s being replenished. But where does all that water go?.

A lot of it is used in producing food for the nation’s city dwellers, a new study calculates.

Rather than try to figure out how much water farmers use in comparison with how much cities demand, the study’s authors looked at the foods that groundwater is used to grow – and who gets to eat them.



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