Local water district fined $66,400, loses water rights

The North San Joaquin Water Conservation District has been fined $66,400 by the state and lost its water rights to the Mokelumne River.

The California Water Resources Control Board levied the fine last week because the Lodi-based water district pumped water out of the river from 2003 through 2005 without the required fish screens, according to Victoria Whitney, chief of Water Resources' Division of Water Rights.

In a separate action last week, Water Resources denied an extension of North San Joaquin's right to 20,000 acre-feet from the Mokelumne River annually during wet years. The district has never had the equipment to pump all 20,000 acre-feet, so in a typical wet year, the district has pumped 3,000 acre-feet, Steffani said.

The East Bay Municipal Utility District, which serves parts of Contra Costa and Alameda counties, has the right to a majority of the Mokelumne River's water. Woodbridge Irrigation District also has water rights over the North San Joaquin district.

North San Joaquin Manager Ed Steffani was notified of the fine and water rights loss by certified mail.

The actions taken by Water Resources puts most of North San Joaquin's projects to replenish the groundwater basin on hold. The North San Joaquin board even delayed adopting its 2007 budget at Tuesday's board meeting.

Fish screens are needed on the Mokelumne River to preserve thousands of fertilized salmon eggs that are smaller than one's finger, said Patrick Foy, a spokesman for the California Department of Fish and Game.

"One of most important aspects is the salmon run that was perilously close to being wiped out in the last 20 years," Foy said.

Fish and Game has restored the salmon run over the past 20 years, he added.

The fine, compounded by an estimated $62,000 cost to install fish screens, covers about half the small North San Joaquin district's $268,000 budget.

If Water Resources' ruling stands, farmers east of Lodi and generally south of the Mokelumne River will be forced to use their wells instead, which is more costly than having water pumped to them, Steffani said.

Tom Hoffman, an Acampo vintner and North San Joaquin board member, said he doesn't think farmers will be affected in 2007, but there could be some long-term effects.

In the worst-case scenario, the water district could be forced to dissolve, Hoffman said.

Another possibility, Steffani and board members said, is for a judge to decide how much water each city and water district in eastern San Joaquin County would be allowed to have. That could mean that farmers may have to use less water to irrigate their crops, Steffani added.

The North San Joaquin district will likely file two appeals with the state Water Resources Control Board. One is to ask Water Resources to reconsider the fee and a cease-and-desist order to stop pumping water from the Mokelumne River until a detailed plan to install fish screens is submitted to Fish and Game. The fine must be paid or appeal must be filed within 20 days of the ruling, which took place Nov. 30.

The other appeal, which is due within 30 days, involves Water Resource's denial of an extension of North San Joaquin's right to 20,000 acre-feet from the Mokelumne River annually during wet years.

Losing its water rights would add 3,000 acre-feet each year to the overdraft within the groundwater basin, Steffani said. The current overdraft is 200,000 acre-feet within the eastern part of the county, with 30,000 to 40,000 of it being within the North San Joaquin District, he added.

Contact reporter Ross Farrow at rossf@lodinews.com.

First published: Wednesday, December 6, 2006