Court ruling in Siskiyou Co. case bolsters water rights

In a decision that protects private water rights while maintaining environmental protections, a Siskiyou County Superior Court judge ruled that a state agency had overstepped its authority in trying to regulate farmers' water use. The ruling 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 before they irrigate their crops. The Siskiyou County Farm Bureau filed suit against DFG last year, 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 DFG 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 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." The case centered on Section 1602 of the Fish and Game Code, which requires individuals to notify DFG and potentially obtain a Lake and Streambed Alteration Agreement before conducting certain activities that alter a streambed. Permits have been required under the section for gravel mining, construction of push-up dams and other projects that physically alter streambeds -- but DFG began notifying landowners along the Scott and Shasta that they would need to obtain permits simply to open an existing headgate or activate an existing pump in order to irrigate their crops...more