[Sustain] New Report Targets Unreasonable Ag Water Use in California

[Eric Brooks]

http://www.indybay.org/newsitems/2011/01/14/18669206.php

*New Report Targets Unreasonable Water Use in California*
by Dan Bacher
/Friday Jan 14th, 2011 6:04 PM /

    The Reasonable Use Doctrine is the cornerstone of California's
    complex water rights laws.

New Report Targets Unreasonable Water Use in California

by Dan Bacher

Craig Wilson, the Delta Watermaster, will present a highly-anticipated 
report to the State Water Resources Control Board on January 19 
suggesting that a "particularly contentious area" of California's water 
law be applied more broadly, according to the Planning and Conservation 
League (PCL) Insider.

In his report, Wilson recommends that the State Board employ the 
California Constitution's "Reasonable and Beneficial Use Doctrine" to 
promote agricultural water use efficiency. The doctrine states a water 
right does not include the right to waste water and mandates that "the 
water resources of the state be put to beneficial use.'"

In California, a small percentage of increased agricultural water use 
efficiency adds up to significant water savings, according to Wilson. 
Specifically, the report recommends the State Board convene a Reasonable 
Use Summit to develop specific actions to improve efficiency, and the 
creation of a "Reasonable Use Unit" within the Division of Water Rights.

"The Reasonable and Beneficial Use Doctrine (Reasonable Use Doctrine) is 
the cornerstone of California's complex water rights laws," says Wilson. 
"All water use must be reasonable and beneficial regardless of the type 
of underlying water right. No one has an enforceable property interest 
in the unreasonable use of water."

"Maximizing the efficient use of water by projects that reduce 
consumptive water use is particularly important for the Sacramento/San 
Joaquin Delta," Wilson stated. "More efficient use of water upstream of 
the Delta can increase water flows into the Delta. More efficient water 
use within the Delta can increase Delta outflows. Reducing the amount of 
agricultural return Delta flow, both upstream of and in the Delta, has 
important water quality benefits."

For many years, environmentalists, fishermen and Indian Tribes have 
pointed to the irrigation of drainage impaired land, laced with selenium 
and other toxic salts and heavy metals, by Westlands Water District and 
other water contractors on the west side of the San Joaquin Valley as a 
prime example of "unreasonable use" of water.

Imperiled Sacramento River chinook salmon, Central Valley steelhead, 
Delta smelt, longfin smelt, green sturgeon and other fish are confronted 
with a double whammy because of these unsustainable agribusiness practices.

First, water is exported from the estuary, resulting in less water for 
fish and the killing of millions of fish in the state and federal Delta 
pumps. Second, selenium and other salts and minerals go back into the 
San Joaquin River drainage after the land is irrigated, resulting in 
declining water quality on the Delta.

Wilson will present his report, entitled "The Reasonable Use Doctrine 
and Agricultural Water Use Efficiency," at the next State Board Meeting 
Session on Wednesday, January 19. The meeting will begin at 9:00 a.m. in 
the Coastal Hearing Room, Second Floor, Joe Serna Jr./Cal/EPA Building, 
1001 I Street, Sacramento.

For more information, go to: 
http://waterboards.ca.gov/board_info/agendas/2011/jan/011911_12.pdf
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