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California groundwater reform sets a dangerous precedent. Lawmakers should think twice

California groundwater reform sets a dangerous precedent. Lawmakers should think twice
Water pours from a pipe before being connected to a water tank near Madera on June 10, 2021. Photo by Shae Hammond for CalMatters
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Assembly Bill 1413 seeks to quietly rewrite California’s water laws, raising alarm among local water agencies, business groups, lawmakers and many advocates of California’s agriculture industry. The Indian Wells Valley Water District in eastern Kern County has serious concerns about the proposal’s threats to groundwater rights, due process, transparency and scientific accountability.

The bill would limit judicial oversight and fundamentally alter the role of groundwater sustainability plans in California, potentially treating them as a legally binding determination of water rights. The Indian Wells water district is undergoing an adjudication process to protect property rights, and officials like me worry that AB 1413 would prohibit courts from reviewing the science behind these plans, as well as potential errors.

Adjudication remains one of the few tools to independently evaluate a sustainability plan’s conclusion. According to an analysis for the state Senate’s Committee on Natural Resources and Water, at least five of California’s 94 priority groundwater basins are currently under adjudication, suggesting that AB 1413 addresses a localized issue, not a statewide need. Dozens more have already completed the process.

As written, AB 1413 sets a dangerous precedent. Lawmakers need to at least amend it to protect due process, uphold judicial oversight and ensure fair groundwater management.

David Saint-Amand is board president of the Indian Wells Valley Water District. This article was originally published by CalMatters.

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