Steep Fines for Unlawful Water Diversions

Existing authority of the State Water Resources Control Board (State Water Board) to administer and enforce penalties is about to be enhanced by Assembly Bill 460 (AB 460) allowing higher fines among other powers, unless vetoed by the Governor by September 30. California’s recent drought resulted in the State Water Board passing emergency regulations including for the Klamath River Watershed (Emergency Regulations), where in 2022, some property owners in Siskiyou County diverted Shasta River water purportedly in violation of the Emergency Regulations. These events purportedly gave rise to AB 460 to increase fines for unlawful diversions of water given the penalty amounts were set and have not increased since the 1980s, coupled with the diversions involved from 2022 allegedly were a “cost of doing business.” For illustrative purposes to show practically how AB 460 changes imposition of fines, the ranchers involved with the 2022 violations were assessed $4,000 in total, which under AB 460 would equate to over $1.2 million. This bill currently sits on the Governor’s desk awaiting signature or veto.