• Outdoors Outdoors

New law allows state to increase fines for those caught engaging in this common activity: 'A crucial step forward'

"Being able to get the California Legislature to agree to increase fines … is a major deal."

"Being able to get the California Legislature to agree to increase fines ... is a major deal."

Photo Credit: iStock

The introduction of "landmark legislation" in California has been hailed by conservationists seeking to protect the state's freshwater systems.

In October, Gov. Gavin Newsom signed Assembly Bill 460 into law, which allows the State Water Resources Control Board to increase fines for those who illegally divert water.

In 2022, for example, the Los Angeles Times noted farmers and ranchers from the Shasta River Water Association diverted half of the river's flow and were fined only $4,000.

Conservation group California Trout said that the previously minimal punishments didn't deter the practice, significantly impacting water protection efforts. However, AB 460 has given "real teeth" to existing laws that should help stop this unlawful activity. 

According to the Times, fines can now reach as high as $10,000 a day, with a further $2,500 punishment for each acre-foot of water diverted.

In addition to helping to maintain water supplies, CalTrout also said the bill will protect fish, which are at risk of harm or death when water levels get low. 

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The bill was described as "a crucial step forward" by the organization, and the issue of water protection has come into increasingly sharp focus amid devastating wildfires in the L.A. area.

During the first month of the year, much of California was in drought conditions, with 25% of the state "abnormally dry" Jan. 7, according to data from the National Drought Mitigation Center, National Oceanic and Atmospheric Administration, and U.S. Department of Agriculture shared by Earth.org.

Since May, Los Angeles County had experienced its hottest summer in 130 years and received only 4.1 millimeters of rain. This reduced the water supplies that could have helped to combat the blaze and made vegetation dry and combustible, hastening the wildfires' rapid spreads.

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It's clear, then, that efforts to maintain water supplies are crucial in California, and the introduction of this law could make a huge difference in the years to come.

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"Being able to get the California Legislature to agree to increase fines in water is a major deal for the practical consequences of preventing water theft, but also to show that we can change these important details about our water rights system, and the sky doesn't fall," Cody Phillips, staff attorney for the group California Coastkeeper Alliance, told the Times.

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