As Steve Adler of the California Farm Bureau Federation writes: a Siskiyou County Superior Court judge has ruled that a state agency overstepped its authority in trying to regulate farmers’ water use.
The decision by Judge Karen L. Dixon determined that the California Department of Fish and Game had exceeded its authority by requiring farmers and ranchers to obtain a permit from DFG—called a Lake or Streambed Alteration Agreement or “1600 permit”—before they irrigate their crops. In 2011, the Siskiyou County Farm Bureau filed suit against DFG—which became known as the Department of Fish and Wildlife this month—on behalf of members who farm along the Scott and Shasta rivers.
“This ruling establishes an important, statewide precedent,” Siskiyou County Farm Bureau President Jeff Fowle said. “There is no doubt that if the department had been able to expand its authority here, it would have tried to regulate water rights elsewhere in the state. This decision reaffirms that water rights are administered solely by the courts and State Water Resources Control Board. Now, we can turn our attention to finding collaborative ways to improve conditions for fish while maintaining the sustainability of our farms and ranches.”