Laws, Regulations & Loopholes

Who Regulates Water?

Responsibility for water in California is shared among several agencies.

The State Water Resources Control Board (State Water Board) is responsible for the water rights and water quality functions of the state. They have the jurisdiction to issue permits and licenses for appropriation from surface and underground streams. The Board also has the authority to declare watercourses fully appropriated.

The California courts have jurisdiction over the use of percolating ground water, riparian use of surface waters, and the appropriate use of surface waters initiated prior to 1914.

The Department of Water Resources is responsible for planning the use of state water supplies, and develops, in consultation with the California Water Commission, rules and regulations for this purpose.

Groundwater Regulation

The vast majority of California’s groundwater is unregulated. The state does not have a comprehensive groundwater permit process to regulate ground water withdrawal. There are three legally recognized classifications of groundwater in California:

• subterranean streams,
• underflow of surface waters, and
• percolating groundwater.

Subterranean streams and underflow of surface waters are subject to the laws of surface waters and are regulated by the State Water Board. Percolating groundwater, on the other hand, has few regulation requirements. Read more...

The Problem with Loopholes

There are more than 500,000 documented incidents of chemical and industrial companies deliberately ignoring clean water laws. They have continued to dump toxins, release emissions, or allow chemicals to get into the water. Until the government stops them in their tracks with harsh fines, by closing them down, or even giving jail terms to those approving such activities, it is going to continue to happen.

Clean water laws are meant to protect us all. However, there are so many loopholes that allow industrial and chemical companies to ignore them that many clean water laws are simply useless. It is up to the citizens who need to take up the battle on all levels. Be a driving force to put pressure on the government to enforce the clean water laws that have been passed and to close those loopholes.