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Government on the hook for water diverted for endangered fish

January 15, 2017

pipelinesAfter a federal court judge ruled that the government must pay for depriving a property owner of their water rights, the California State Water Resources Control Board extended the time to finalize its Bay-Delta Plan. The Bay-Delta-Plan includes mandates to provide water for fish habitats by depriving long-established water-rights holders access to their water without compensation. [Daily Caller]

In late December, U.S. Court of Claims Judge Marilyn Blank Horn decided in favor of an irrigation district that argued against the federal government taking water from the Klamath River for an endangered species without compensating the water-rights holders.

Before Horn’s decision, California did not pay compensation to those deprived of their water-rights under various environmental laws and regulations. If Horn’s decision survives an appeal, California could be on the hook for billions of dollars in compensation for water it redirected for Native American Indian Tribes, recreation and environmental reasons.


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“argued against the federal government taking water from the Klamath River for an endangered species without compensating the water-rights holders.”

The feds took the water but California has to pay?


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Sadly, I would have to say that the layers of regulatory and protection agencies are working under the illusion of conservation but really serve as obstructionist until their fee is paid. The Fish and Wildlife does what to protect the Fish and Wildlife? They sell tags, permits and are selective to the fisheries that provide the best mitigation fines or fees. The vast majority of fisheries in this county are being retired, not because of drought but because of a derelict agency.


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We used to eat smelt by the bushel at the firehouse fundraiser in Minnesota every year. It helped subsidize the department and reduce the tax support. In any event, California is desert land. It doesn’t have a drought problem. It has a water management problem invested by the religion of environmentalism. Yup… that’s an “ism” too…….


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Hope California is held responsible for the mismanagement of its water resources. California has a California Water Commission, California Water Board and then the hundred of employees working for the California Department of Water Resources which is part of the California Natural Resources Agency, When you look at these layers government in California you can understand why the system is so messed up and it costs us billions of dollars a dollar!


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This is a classic example of why it is very important to adjudicate water rights before someone, even the government, tries to take it. Collecting damages will be another expensive issue to perfect.


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Does this include all the subscribers to “state water” that bought 100% “drought buffer”, which promised full delivery regardless of supplies?


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