Authored by Assemblymember Rebecca Bauer-Kahan, a Democrat from San Ramon, the bill cleared the Assembly in a 43 to 20 vote last week and is now awaiting discussion in Senate committees.
The proposed legislation aims to give California’s water enforcers more muscle to act swiftly and levy larger penalties for water agencies, irrigation districts and landowners who violate state orders and policies by pumping from rivers and streams.
Bauer-Kahan introduced AB 460 after CalMatters reported in November that the state had imposed minimal fines on about 80 Siskiyou County ranchers — served by the Shasta River Water Association — who had violated an emergency order to stop pumping. The river’s flows plunged by more than half, threatening ecosystems and rare fish such as salmon.
Yet in a public demonstration of the state’s limited powers, the ranchers kept the pumps on for eight days.
“Paying the fines was worth it to them to take what they took, and that shows a real weakness in what we have done,” Bauer-Kahan said. “It was so clear that our law was not working.”
As California warms, Gragg — a nurseryman, micro-scale farmer and tropical fruit enthusiast — looks forward to the day that he can grow and sell mangoes in Northern California.
“I’ve been banking on this since I was 10 years old and first heard about global warming,” said Gragg, 54, who has planted several mango trees, among other subtropical trees, in his orchard about 25 miles west of Sacramento.
Gragg’s little orchard might be the continent’s northernmost grove of mangoes, which normally are grown in places like Florida, Hawaii and Puerto Rico.
Northern California’s climate, he said, is becoming increasingly suitable for heat-loving, frost-sensitive mango trees, as well as avocados, cherimoyas and tropical palms, a specialty of his plant nursery Golden Gate Palms.
“Climate change isn’t all bad,” Gragg said. “People almost never talk about the positives of global warming, but there will be winners and losers everywhere.”
Mangoes may never become a mainstream crop in the northern half of California, but change is undoubtedly coming. Hustling to adapt, farmers around the state are experimenting with new, more sustainable crops and varieties bred to better tolerate drought, heat, humidity and other elements of the increasingly unruly climate.
In the Central Valley, farmers are investing in avocados, which are traditionally planted farther south, and agave, a drought-resistant succulent grown in Mexico to make tequila.
In Santa Cruz, one grower is trying a tropical exotic, lucuma, that is native to South American regions with mild winters. Others are growing tropical dragonfruit from the Central Coast down to San Diego.
Some Sonoma and Napa Valley wineries have planted new vineyards in cooler coastal hills and valleys to escape the extreme heat of inland areas. And several Bay Area farmers have planted yangmei, a delicacy in China that can resist blights that ravage peaches and other popular California crops during rainy springs.
“People almost never talk about the positives of global warming, but there will be winners and losers everywhere.”
Gary Gragg, Sacramento Valley farmer
Near the town of Linden, farmer Mike Machado, who served in the state Assembly and Senate from 1994 to 2008, is one of many growers in the arid San Joaquin Valley who have replaced some stone fruit and nut trees with olives, historically a minor California crop mostly produced in Mediterranean nations.
“We’re adjusting for survival,” Machado said.
For three hours this Wednesday afternoon in a sunny conference room at the public library, apprehensive cannabis workers, lured by a segment on the community radio station KMUD, trickle through, seeking a potential refuge from their collapsing industry. Greene is their counselor and confidante, a relentless cheerleader promoting new career opportunities.
“So dream big. It’s your life, right?” she tells one young man looking for help connecting to job possibilities in a place where there don’t seem to be many right now.
It’s a mantra for Greene.
“You’re kind of reinventing your life here, so dream big,” she tells Daniel Rivero, who fears he could lose his job at any moment after his hours were cut back at the small warehouse where he manufactures cannabis products for $17 an hour.
A crash in the price of weed over the past two years has sent California’s cannabis market reeling — and with it, the communities that relied economically on the crop for decades, even before the “green rush” of commercial legalization.
In the Emerald Triangle — the renowned Northern California region of Humboldt, Mendocino and Trinity counties that historically served as the hub of cannabis cultivation for the state and the country — growers who can no longer sell their product for enough to turn a profit are laying off employees and shuttering their farms. The cascading financial impacts have left local residents with broken dreams and a daunting question: If not cannabis, then what?
“We just need to reassess this whole situation as a community of what we can do to evolve with it instead of trying to go against it,” Rivero said.
State officials and the ranchers agree: A $4,000 fine isn’t much of a deterrent to prevent illegal water diversions during California’s droughts. The proposed fine would amount to about $50 per rancher.
A rural water association serving about 80 ranchers and farmers — facing mounting costs from hauling water and purchasing hay to replace dried out pasture — turned on their pumps for eight days in August to divert water from the Shasta River. State and federal officials said the pumping, which violated an emergency state order, threatened the river’s water quality and its salmon and other rare species.
Rick Lemos, a fifth generation rancher and board member of the Shasta River Water Association, said violating the drought order “was the cheapest way I could have got by … When you’re to a point where you have no other choice, you do what you have to do.” He said the alternatives “would have cost us, collectively, a lot more.”
The penalty — $500 per day for eight days of pumping — is the maximum amount the State Water Resources Control Board’s enforcers can seek from the group of Siskiyou County ranchers under the state’s water code. The proposed fine requires a 20-day waiting period or a hearing before it is final.
So far, in California’s recorded history, six previous droughts have lasted four or more years, two of them in the past 35 years.
Despite some rain in September, weather watchers expect a hot and dry fall, and warn that this winter could bring warm temperatures and below-average precipitation.
Conditions are shaping up to be a “recipe for drought”: a La Niña climate pattern plus warm temperatures in the Western Tropical Pacific that could mean critical rain and snowstorms miss California, according to Daniel Swain, a climate scientist with UCLA and The Nature Conservancy.
Swain said California’s fate will depend on how exactly the storm track shifts, and that seasonal forecasts are inherently uncertain. Even so, “I would still put my money on dry, even in the northern third of the state,” he said. “It’s not a guarantee. But if you were to see 50 winters like this one, most of them would be dry.”
In the report, state officials said the tunnel project could harm endangered and threatened species, including the Delta smelt, winter-run chinook salmon and steelhead trout. To offset the “potentially significant impacts” on the rare fish, the Department of Water Resources says thousands of acres of other wetlands would have to be restored — which critics say is a slow and inefficient way to provide new habitat.
The draft environmental impact report is a major step in planning a tunnel that would fundamentally reshape California’s massive water management system.
The report outlines the proposed path of a 45-mile tunnel that would pipe water from the Sacramento River, bypassing the Delta, and funnel it into Bethany Reservoir, the “first stop” on a state aqueduct that funnels water south.
The goal of the project, which has been planned in various forms since the 1960s, is to shore up water supplies against environmental catastrophes such as earthquakes and the weather whiplash and sea level rise of climate change, according to California Natural Resources Secretary Wade Crowfoot.
Water agencies that can eventually sign on to receive the tunnel project’s water stretch from the Bay Area and Central Coast to the Central Valley and Southern California.
“It is a conundrum to be able to manage the Delta in a way that protects the environment, respects the communities that live there, and provides for the water supplies of a large portion of the state,” Crowfoot said.