California Farm Bureau Federation vs. State Water Resources Control Board

Senate Bill 1049, a budget trailer bill, took effect on January 1, 2004. It imposed new or increased “fees” in several areas. One of those areas is water rights administered by the Division of Water Rights (DWR) within the State Water Resources Control Board (SWRCB). As required by the bill, the SWRCB has set for each fiscal year starting with FY 2003-04 a “fee” schedule designed so that the total amount of “fees” collected would equal the amount necessary to fully fund the DWR’s operations.

In February 2004, CFBF, for itself, its 53 member county Farm Bureaus and eight water rights holders, filed with the SWRCB a Petition for Reconsideration, asserting the FY 2003-04 “fee” was in fact an illegal tax and seeking refunds with interest for all who paid it. One legal basis for the challenge was that Article XIII A of the California Constitution, which was added by Proposition 13, requires legislation resulting in new or increased taxes be approved by a two-thirds vote of each house of the Legislature. As that requirement was not met, the resulting exaction is invalid. The second basis was that because the “fee” it mandated is really a tax based on the value of water rights, the bill violated the constitutional prohibition against the enactment of new ad valorem taxes.

As expected, the SWRCB denied that petition. CFBF then filed with the Sacramento County Superior Court in April 2004 a petition for a writ of mandate seeking the same relief. The court consolidated CFBF’s case with a similar action filed by the Northern California Water Association and Central Valley Project Water Association. In April 2005, the court ruled against CFBF and its allies, which then appealed to the 3^rd District Court of Appeal.

In January 2007, the appellate court ruled that while the statute itself is not unconstitutional, the schedule adopted by the SWRCB was invalid, in that it that bore an unfair and unreasonable relationship to the payers’ burdens on and benefits from the regulatory program. The court gave the SWRCB 180 days to write and issue a valid regulation and allowed the board to keep amounts that have been collected until then. Excessive amounts would be refunded only then.

Both sides filed petitions for review with the California Supreme Court, which granted them in April 2007. Briefing by the parties was completed in July 2007.

In addition, six amicus curiae briefs, including ones by Howard Jarvis Taxpayers Association, California Chamber of Commerce, and California Taxpayers’ Association, were filed in support of the positions of CFBF and the water associations. The Legislature filed an amicus curiae brief in support of the State’s position, as did a trio of environmental groups—the Planning and Conservation League, Natural Resources Defense Council and Sierra Club.

It is hoped that oral argument will occur in 2010, followed by the issuance of an opinion within 90 days after that.

 Kate Campbell, Asst. Editor

Ag Alert/California Country

2300 River Plaza Dr.

Sacramento, CA 95833

Don’t Participate in the Shasta or Scott ITP or EIR

 This is an important decision.  Do not be intimidated.

 Do not participate in the Incidental Take Permit, called ITP, and throw the EIR, which is called Environmental Impact Report, out the window.

 California Department of Fish and Game has NO authority to implement the ITP or the EIR. If you sign up for the ITP you are giving CDFG the right to regulate your water. This is not a done deal. The ITP is illegal!

 Remember CDFG is part of our State Government.  They are using our tax monies to regulate Our Water Rights away.  Only you can let that happen!!!

 The Shasta and the Siskiyou RCD’s have not told you the truth or explained the   consequences’ or the implication of the ITP and the EIR. They have been dishonest and deceitful. They call this a voluntary program that you must pay for. Fellow the money.  But, what it means is that you are voluntarily giving your water rights away.  And you will pay for those Rights which you already own. You will never get them back and you will always be guilty. CDFG, through our RCD’s, want control of water on private land. If they control the water they control the land use. If they control the land use they control the land value. If they control the value they control who owns the land. If you sign up for the ITP you are giving CDFG the right to regulate your water. They are not concerned whether or not you can make a living or how you will survive. You must decide to take food off your table and money out of your pocket and put it in theirs. Our RCD’s support the ITP. So they can get money from you to keep their jobs. Are they selling us out?  They will be in your pocket forever! There will be no end to the regulations! You must decide. Follow the money.

 I have the highest regard for the environment that we live in. But through more and more regulation our government will destroy this wonderful environment. What I would like to see here in Scott Valley is profitable Farming. Profitable sustainable farming will maintain open space. If you subdivide the land and cross fence the heck out of it you will destroy the open space we have. There are some here who can only see it that way — they are like vultures on the fence. Our own supervisor Marcia Armstrong does not want to see our land preserved in agriculture. She thinks only of herself. She would like to see Scott Valley subdivided and developed. The higher the tax base the more money she can make. That’s if she gets reelected. Follow the money.

 Our own county code recognizes the threat of being regulated by outside government interference.

 Siskiyou County Code – Title 10 Planning and Zoning, Chapter 12. County Participation in State and Federal Agencies Land Transactions, Sec. 10-12.01 Findings states:

 “(b) In order to protect the customs, culture, economy, resources, and environment of the County of Siskiyou, it is critical that federal and state agencies recognize and address the effects of any actions proposed within the County, which may affect matters, including, but not limited to, economic growth, public health, safety and welfare, land use, the environment, conservation of natural resources, such as timber, water, fish, wildlife, mineral resources, agriculture, grazing, and recreational opportunities.”

 If our supervisors will not take action to up hold this county code. We must!

 Whether or not you participate in the ITP is entirely up to you. If you do, you will never get out from under it. Get the truth first.

You have seen what’s gone on in this country under the current administration.

Don’t be intimidated. 

This is our Country, our State and our County.

 Stand up and speak up. Our own founders thought it is of ultimate importance.

 ”Should I keep back my options at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven which I revere above all earthly kings.”  By Patrick Henry

 ”All tyranny needs to gain a foothold is for people of good conscience to remain silent.”  By Thomas Jefferson

 Folks it’s that important! 

 Don’t participate with the ITP and the EIR!