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 California is in the fourth year of a catastrophic drought that
has cost its farm sector billions, and prompted the state's
first-ever mandatory cutbacks in urban water use.
Sacramento Superior Court Shelleyanne Chang issued a temporary order
restraining the state from punishing four Central Valley districts,
which includes dozens of farmers, for disregarding curtailment
orders imposed to help conserve water, court records show.
Chang found the State Water Resources Control Board had violated
their rights by ordering them to stop pumping from rivers and
streams, to which they hold longstanding rights, without a
"pre-deprivation hearing."
The order could hinder regulators' efforts to enforce water
curtailment rules set this year for more than 9,000 holders of water
rights, among them farmers growing crops such as olives, almonds,
and cherries, the Sacramento Bee newspaper reported.
 It was the first time in 40 years the state had moved to curtail the
water rights of farmers and agencies whose claims date from before
1914, a group that is usually protected by their long-standing water
rights.
Although Friday's order covers only the four districts, the ruling
could set a precedent and affect "everybody that received a
curtailment order," Sacramento water law attorney Stuart Somach told
the paper.
The water board said it was reviewing the court order, but the
ruling made clear regulators were still able to punish violators of
the water code or illegal users of water.
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Under the new rules, cities and towns must cut water use by a
quarter, in a complicated regulatory system that requires some
communities to cut back use by 36 percent but others as little as 4
percent.
"The Court has provided an opportunity for additional briefing on
these issues, with a further hearing on the matter," the board said
in a statement.
Unauthorized diversions during the drought emergency can attract
enhanced penalties of up to $1,000 per day and $2,500 per acre-foot
of water diverted.
(Reporting by Victoria Cavaliere; Editing by Clarence Fernandez)
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