California has recently changed its laws in a way that can sharply limit a farmer’s access to water. State action in response to water shortage can, in turn, restrict agricultural operations in the state. These new rules will change the way that farming operations occur in California. To learn more about how the regulations may affect you, contact a water use lawyer today.
California Has Taken Steps to Cut Water Use in the State
In 2014, California passed the Sustainable Groundwater Management Act, but this law only went into effect at the beginning of this decade. Farmers and large agricultural companies are beginning to comply with the law and learn its effects on their operations. That law essentially turned aquifers in the state into their own figurative banks, requiring those who withdraw water from them to replenish what they take.
After the law went into effect, the California State Water Resources Control Board issued further restrictions on the use of water in the state. Another 2018 law required the State Water Resources Control Board to adopt new standards for water conservation in the state.
The intent of the rule is to reallocate how water is used in the state. California’s goal is to preserve water for household usage, attempting to save enough water to supply 1.4 million householders in the state. Unfortunately, the rules will favor household users over other major water consumers in the state, including large farms and agricultural collectives. Any agricultural operations should have a water lawyer counseling them on compliance and mitigation efforts.
New Rules Require Suppliers to Meet Aggressive Cuts in Water Usage
In the past, the state had used mandatory water reduction mandates that applied equally to users and regions. It was an attempted one-size-fits-all approach that regulators felt did not properly meet their own goals in reducing water usage. The new rules give suppliers more say in how they reach the state’s goals, including how they allocate water to different parties. The state intends to completely change how water is used throughout California. The new water use targets take effect on a sliding scale, meaning they grow more progressively challenging to meet over time. The new rules will be fully phased in by 2040, and water law attorneys will be working to ensure their clients’ ongoing compliance.
The new regulations followed a lengthy period in which industry fought rules they considered to be overly stringent. Already, the state has been forced to cut back on some of its more aggressive goals, giving some suppliers and regions more time to comply with the regulations and lowering the rate. The state did work with the individual water suppliers, but these distributors may have had their own interests in mind instead of those of their agricultural clients. At the same time, many environmental advocates are still pressuring the state to adopt even more ambitious goals that will further reduce the amount of money available to farmers in the state.
Farmers Will Have to Pay a Price
Agricultural entities are the ones who are bearing the brunt of the new regulations. The regulations, titled “Making Conservation a California Way of Life,” are set to take effect on January 1, 2025. The regulations require suppliers to develop water budgets based on the needs of the community. This will consider residential indoor and outdoor water use, commercial and industrial landscapes, and allowable water loss from leakage.
The regulations have different effects based on the regions of the state. The Central Valley, where farmers grow many crops in the state, is among the regions hardest hit by the impact of the rules. The Central Valley uses over 23 million acre-feet of water a year for irrigation, which is enough to supply a majority of the United States population. Sixty-two percent of that water is used for irrigation of crops. The new regulations have forced water suppliers to impose new fees on the usage of water. There is already talk that the rules are creating winners and losers among farms, as smaller farmers are forced to pay a disproportionate burden that will likely become unsustainable.
Farmers will need to look at exactly which types of crops they grow to meet the water usage regulations. California supplies a large percentage of the country’s fruits and vegetables, and that may be at risk under the new regulations. Some farmers are considering switching to crops that use less water, such as cotton. They may need to switch to less profitable crops because they face a potential fine of up to $10,000 per day when they fail to follow the rules. These rules may cause farmers to lose money over time, as they can be forced to shift away from crops that have higher consumer demand and prices.
While conservation is the intent of the rule, it is difficult for agriculture to spare its water usage, as certain crops need a steady amount of water to continue growing. Farmers may be unable to shift away from their current supply of water, as desalinated or recycled water may not be effective in growing crops. Farmers have become accustomed to drawing water without restrictions over the years, and these rules represent the first major limitation on the amount of water they may use.
In many cases, the new water regulations will mean that certain land is no longer used for agriculture in the Central Valley because there will either not be enough water or obtaining it will be prohibitively expensive. One study found that up to one million acres of crops in the Central Valley will be eliminated entirely, up to 20 percent of the land currently used for farming in the area.
An Environmental Water Attorney is Standing By
However, much remains to be seen about how the state will enforce the new rules. There might be a major confrontation between the state regulators, water suppliers, and farmers, depending on how aggressive the state’s enforcement efforts are. An environmental attorney in San Diego can advise you on how the state intends to enforce these new rules.