July 5, 2023
The Honorable Dave Min
Senate Natural Resources and Water Committee
1021 O St., Ste. 6710
Sacramento, CA 95814
RE: AB 460 (Bauer-Kahan) State Water Resources Control Board: water rights and usage: interim relief - Oppose as amended 5/18/23
Dear Chairman Min,
On behalf of the Mayors of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy we OPPOSE AB 460, which would provide expansive new authority for the State Water Resources Control Board to issue “interim relief orders,” on its own motion or upon petition of an interested party, to apply or enforce such things as the Reasonable Use and Public Trust Doctrine.
The bill would also eliminate and weaken constitutionally protected rights to judicial review of State Water Board actions. While we do believe that illegal diversions are serious, AB 460 goes far beyond what is needed for the State Water Board to enforce and discourage illegal water diversions. AB 460 is not only contrary to both the State and Federal constitutions, but also will lead to underinformed water management actions that will result in worse outcomes for the resources that the bill purports to protect.
Our cities are opposed to AB 460 because the scope is overly broad and it implicates questions unsuitable for interim relief. We are concerned that this bill encompasses far more than alleged illegal diversions of surface water or violations of State Water Board orders. This is because the bill proposes to authorize interim relief orders and limit judicial review of numerous constitutional, statutory, and common law doctrines that, by definition, require robust evidentiary records and full judicial review.
Further, we are opposed to AB 460 because of the plenary discretion given to the State Water Board to initiate and shape interim relief proceedings. We are also concerned that this bill provides unprecedented discretion to the State Water Board because it allows the board to immediately issue an interim relief order before holding a hearing if it makes certain findings. This is unnecessary given that the State Water Board already has the authority to act swiftly to address, for example, violations of curtailment regulations.
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AB 460 is also problematic because due process is eliminated and access to judicial review is limited. Water rights are property rights, and as such may not be infringed without due process of law. As written, AB 460 deprives diverters of due process. Under this scenario, the State Water Board may issue an interim relief order without notification or opportunity to be heard until after the fact.
Lastly, California's economy and housing depend on water rights. Unpredictable and unreliable water supply slows, or blocks needed housing projects. Increased uncertainty prevents water agencies from being able to meet demands of new development, including affordable housing.
For these reasons, we must respectfully oppose AB 460 and we request that you vote NO on this measure.
Sincerely,
DAVID BELLINGER
MAYOR OF ESCALON
SONNY DHALIWAL
MAYOR OF LATHROP
MIKEY HOTHI
MAYOR OF LODI
GARY SINGH
MAYOR OF MANTECA
CC: Members, Senate Natural Resources Committee
Assemblymember Rebecca Bauer-Kahan
MICHAEL RESTUCCIA
MAYOR OF RIPON
KEVIN J. LINCOLN II
MAYOR OF STOCKTON
Via DocuSign 6/30/23 3:15PM
NANCY YOUNG
MAYOR OF TRACY
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