In a significant move to combat illegal water diversions, California Governor Gavin Newsom has signed a new bill, A.B. 460, which dramatically raises fines for those who unlawfully divert water from rivers. This legislation aims to deter water theft amidst a backdrop of severe drought and climate change challenges that threaten the state’s water resources and ecological health.
A Dramatic Increase in Fines
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According to THE HILLS, Under the new law, individuals caught stealing water can face fines of up to $10,000 per day—a staggering increase from the previous maximum of $4,000. This change reflects a growing recognition that the old penalties were insufficient to deter unlawful practices, as highlighted by conservationists like Analise Rivero from California Trout. Rivero noted that the former fine structure was hardly a deterrent, making this legislative change a crucial step toward better water management.
Under A.B. 460, individuals who breach a permit or fail to report floodwater diversions for groundwater recharge will incur a civil penalty of up to $1,000 per day for each day the violation persists, starting in 2026. This penalty represents a doubling of the existing fine of $500.
Moreover, violations of a “curtailment order”—which is issued by the State Water Resources Control Board to restrict water use during times of inadequate supply in a specific watershed—will result in significantly higher fines.
Reasons Behind the Legislative Change
California has been grappling with severe drought conditions exacerbated by climate change, which has jeopardized the availability of water supplies for both people and wildlife. The enactment of A.B. 460 comes as part of a broader initiative to implement effective conservation measures aimed at protecting the state’s water resources. With years of rising temperatures affecting ecosystems, the urgency for stringent regulations has never been more critical.
Key Provisions of A.B. 460
A.B. 460, introduced by Assemblymember Rebecca Bauer-Kahan (D), initially passed the Assembly in May 2023 but later underwent several revisions in the state Senate. The new legislation outlines several key penalties for violations:
- Civil Penalties: Individuals violating permit or floodwater diversion reporting requirements for groundwater recharge will face civil penalties of up to $1,000 per day, effective in 2026—double the current penalty of $500.
- Curtailment Orders: Those who ignore a “curtailment order,” which is issued during periods of insufficient water supply, will incur the highest penalties. This includes the potential for fines of $10,000 per day and an additional $2,500 for every acre-foot of water diverted.
These measures aim to ensure that violations are treated with the seriousness they warrant, discouraging unlawful practices that can have wide-reaching impacts on water availability.
full PDF: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB460
Political Dynamics and Support
The passage of A.B. 460 was not without its challenges. Initially, the bill faced significant pushback from agricultural associations concerned about potential punitive consequences without sufficient judicial review. However, revisions were made to the bill that eased these concerns, leading to a broader coalition of support from various stakeholders.
The California Farm Bureau, which was initially opposed, acknowledged the changes that led to the removal of a provision that could have stripped due process from water rights holders. Following these adjustments, many who previously opposed the bill shifted to support it, emphasizing the need for a fair and equitable approach to water management.
Conclusion
A.B. 460 represents a decisive action by California to protect its water resources amid ongoing environmental challenges. By significantly increasing fines for water theft, the state aims to enforce compliance and ensure that all users adhere to established water rights and regulations. As conservation efforts continue to evolve in response to climate change, this legislation marks a pivotal moment in California’s journey toward sustainable water management.
