California’s antiquated water laws need updating to make use of flood flows | Opinion
As we reflect on the past year before we move into the next, one thing is clear — the historic number of atmospheric rivers that slammed the area in the first quarter of 2023 caught us off guard.
The unexpected deluge from these storms served as a reminder that traditional weather patterns can no longer be relied upon for future planning. It is time for California to adopt a proactive approach, preparing for every wet season with the proper permits, equipment, and infrastructure to mitigate the potential impact of unpredictable wet weather events.
Although we’ve had a dry start to the current wet season, recent weather patterns bring hope to the San Joaquin Valley for rain and snow at higher levels. While this storm series doesn’t appear that it will bring any severe flooding impacts to the Valley floor, the possibility still looms.
Experts from the National Oceanic and Atmospheric Administration say there is the potential for an intense El Niño climate pattern, promising a more active and wetter-than-average season and the potential for increased groundwater recharge using floodwater. This anticipation underscores the urgency of changing current water usage laws and policies.
What’s getting in the way? Part of it is our antiquated understanding of “beneficial use” in our water rights laws. Under existing state law, groundwater recharge is not considered a beneficial use, so individuals or organizations cannot claim rights to water stored underground to recharge our aquifers. This lack of incentive hampers the use of floodwater for groundwater replenishment.
To address this issue, we propose the re-evaluation of current water laws. Specifically, capturing floodwater for groundwater recharge should be classified as a beneficial use, even if there are no other immediate plans for use of that water. If capturing flood water and storing it in the ground for future use can be recognized as a water right, it might encourage people, organizations, and even irrigation districts to actively engage in more groundwater recharge.
Alternately, amending the Sustainable Groundwater Management Act could offer a regulatory framework for groundwater sustainability agencies to gain water rights for floodwater used in groundwater recharge. Integrating this framework into their groundwater storage management plans could ensure a more balanced approach to using floodwater.
A streamlined process for GSAs under the State Water Resources Control Board could be extended to facilitate a more efficient application for water rights associated with diverted floodwater.
It’s worth noting that the current legal framework allows for the diversion of floodwaters without a water right if that water is seen as a hazard — such as Gov. Gavin Newsom’s 2023 executive order that enabled local water agencies and users to capture water from the storms for groundwater recharge. The temporary order suspended regulations, allowing for the diversion of flood-stage water to boost groundwater supplies, but did not confer any rights to the recharged water.
The evolving climate demands a shift in our approach to water management. By acknowledging the potential benefits of capturing and using floodwater for groundwater recharge, we can establish a more resilient system that not only addresses immediate needs but also lays the foundation for sustainable water management in the face of climate uncertainties.
As we head into a potentially intense wet season, now is the time for California to adapt its policies to these ongoing challenges and ensure sustainable water resources for the future.
This story was originally published December 28, 2023 at 11:37 AM.