California Water Board Lifts Curtailment of Senior Water Rights in Sacramento-San Joaquin Delta

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The State Water Resources Control Board on Tuesday issued a notice lifting water diversion restrictions for the holders of all senior water rights in the Sacramento-San Joaquin watersheds and Delta. The Board issued the notice after it determined that sufficient water is now available to support diversions, and it will remain in effect until further notice.

The Board began issuing curtailment notices in 2014 in response to the State’s historic drought. In January 2014, Gov. Jerry Brown proclaimed a drought “State of Emergency” and directed state officials to take all necessary actions to prepare for continuing drought conditions. To effectuate this directive, the State Board began issuing curtailment notices to junior water right holders in the Sacramento-San Joaquin watersheds and Delta later that year.

Historically, water diversion curtailments are very rare in California, only having been imposed twice since the mid-1970s. Even more rare are curtailments of senior water rights. Not since Brown’s first turn as Governor have such rights been restricted. Even then, curtailments were limited to only a dozen or so senior water right holders along the Sacramento River.

As California embraced yet another year of drought, however, the Board added to prior curtailments by implementing curtailment orders for senior water right holders on June 12. After analyzing updated information related to precipitation and runoff estimates forecasted by the National Weather Service and reduced water right demands, though, the Board now believes the restrictions can be lifted. The Board will continue to monitor weather forecasts and stream gages to determine whether diversion opportunities may be expanded to junior water right holders.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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