The controversial program offers a cheaper way for
residents to obtain permits to divert water they
otherwise have adjudicated rights to since the
Department of Fish and Game is currently requiring land
owners who divert water to obtain permits that require
special studies to be done with respect to wildlife.
Local farmers are generally in agreement that the very
notion of cooperation with the Department of Fish and
Game's notion that they can require people with
adjudicated water rights to obtain permits is only
encouraging the government to overstep its bounds.
How it started
Since all of this originated with respect to supposed
declining coho salmon numbers, many farmers brought up
the subject, claiming that they understand that coho
salmon numbers have not been declining at all and that
there is no reason to infringe upon their adjudicated
water rights.
"I don't like this. I do not believe the coho should be
listed. I want to make that clear," said County
Supervisor Marcia Armstrong.
Jim Morris, a Scott Valley rancher, had much to say on
the issue. He explained that the RCD used to be a
friend to the landowner and he expressed concern that
the relationship is about to change or end.
"Our actions may be of little or no value to coho
recovery," said Morris.
Regardless of salmon numbers
However, Mark Stopher, DFG's Northern Regional Manager,
claims that, regardless of salmon numbers, water
diverters would still be in the same spot today because
there is a required permit for any altering of a
streambed.
Bill Krum, RCD board president, read a letter in the
meeting from two residents who were in support of the
watershed wide program and, before the voting took
place, said that a workshop had already been arranged to
assist people with signing up with the RCD's watershed
wide program.
Krum said that if one workshop wasn't enough, there
would be more workshops provided.
Veiled motives exposed?
A growing concern for some local farmers who divert
water, is the loss of land value if they cannot use the
water for farming.
In fact, some say the Department of Fish and Game may
have an idea of turning some of the larger farm areas
into what is known as "ranchettes" for wealthy
individuals.
There are several PDF files about the watershed wide
program on the Department of Fish and Game's website.
One of which discusses ranchettes.
"Currently, demand for rural ranchette properties in
Siskiyou County and the Program Area is strongest for
smaller agricultural properties typified by livestock
farms within the lower hillside or upstream watershed
areas rather than the larger alfalfa farming properties
located within the more centrally located valley areas
(Orloff, 2007)," states the PDF file on Land Use and
Agriculture section.
Other risks to diverters
Another concern local water diverters have is the risk
to having an RCD or DFG employee on their property to
check on their water diversions.
If the employee were to be hurt on the landowner's
property, it remains their financial burden, according
to Stopher.
Also, the money lost as a result of adjudicated water
rights being hampered by this new agreement leaves all
costs to be borne by the landowner, as well as other
liability risks.
"The law establishes that responsibility on you. You
may disagree, but this isn't new, though," said Stopher.
Absolutely no ground was given on the issue of money by
the DFG. However, Armstrong did disagree, saying that
she believed that a takings claim could be filed by
landowners for the loss of water rights.
RCD unclear
The question of whether or not the Department of Fish
and Game would be able to simply go onto landowner's
private property was debated politely between Krum and
Stopher. Krum did not seem to understand whether or not
becoming involved in the watershed wide program would
give this unbridled permission or not.
Eventually, they agreed that the
landowner had the right to be there or have their
designee there with 48 hours advanced notice.
Also, according to Krum, if one is involved in the
watershed wide program, they are bound to allow the DFG
and/or RCD onto their property to see their
participating neighbor's property.
For those under the belief that there could be
"grandfathering" out of the DFG's demands, Stopher made
it clear that there is no grandfathering in regards to
this issue.
Although the passing of the watershed wide program with
the RCD does not require everyone to participate, some
farmers believe that it hampers those who will be
standing firmly on their adjudicated water rights and
not applying for any permits at all.
The fewer people left to stand on their rights alone may
leave those who do refuse the permitting processes at a
disadvantage.