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California Curtails Senior Water Rights

Senior Water Rights Curtailed in Delta, San Joaquin & Sacramento Water sheds – “With drought conditions continuing into the summer months, the State Water Resources Control Board (State Water Board) announced today that there is insufficient water available for
senior water right holders with a priority date of 1903 or later in the San Joaquin and Sacramento watersheds and the Delta. The need for further curtailment of more senior rights and curtailments in other watersheds is being assessed weekly. Notices are being sent to water right holders that direct recipients to stop diversions of water to protect more senior water rights and releases of previously stored water, as required by state law. Diversion of water when water is not available under the right holder’s date of priority is unauthorized and unlawful. Violations are subject to fines up to $1,000 per day and $2,500 per acre-foot of water unlawfully diverted, cease and desist orders, or prosecution in court. Senior water right holders with priority dates earlier than 1903 in the affected watersheds can continue to divert water in accordance with their water right. In addition, those who have previously stored water under a valid right may continue to hold that water or release it for beneficial use. While this is the first time during the current drought that senior water right holders have been given notice that water is not available to serve their water right priority , it is not unprecedented. Some senior water right holders were curtailed during the drought of the late 1970s.”

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