Light v. State Water Res. Control Bd.
Annotate this CaseIn April 2008, a particularly cold month in a dry year, young salmon were found fatally stranded along banks of the Russian River system, which drains Sonoma and Mendocino Counties. The deaths were caused by abrupt declines in water level that occurred when water was drained from the streams and sprayed on vineyards and orchards to prevent frost damage. After hearings and preparation of an environmental impact report (EIR), the State Water Resources Control Board adopted a regulation that is likely to require reduction in diversion of water for frost protection under certain circumstances. The regulation does not limit water use, but delegates regulatory authority to local governing bodies composed of the diverting growers. The regulation declares that any water use inconsistent with the programs, once they are approved by the Board, is unreasonable and prohibited. The trial court invalidated the Board’s action. The appeals court reversed. While authority to require a permit for water use by riparian users and early appropriators is beyond the authority of the Board, it has the power to prevent unreasonable use of water. In regulating unreasonable use of water, the Board can weigh public purposes, notably the protection of wildlife habitat, against the commercial use of water by riparian users and early appropriators. The court noted that its ruling was on a facial challenge and did not address the validity of any particular substantive regulation. The Board did not unlawfully delegate its authority and properly certified the EIR.
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