FRESNO, CA - In its first cease-and-desist order for water usage, the state of California told an irrigation district to stop pumping water under this year's tightened drought regulations. The water board has sent curtailment notices to 4,600 farmers and other water users.
The state water board said inspectors first observed the West Side Irrigation District in Tracy pumping water from Old River in May. District officials in Tracy say they first received notice from the state of California earlier this month saying they didn't have the right to use the water.
George Kostyrko, Director of the Office of Public Affairs for the Water Resources Board, told CBS13 News, “[Tracy has] been issued a draft cease and desist order that gives them 20 days to request a hearing so they can give us their side of the story,” he said. “We went out and did an investigation and found out that westside irrigation district apparently was continuing to take water on May 18, past the date that they were told water was unavailable to them.”
Attorney for West Side, Steven Herum, told ABC News that the order was prompted after a judge confirmed the state had violated users' constitutional rights to due process by not allowing public hearings on the cuts.
"It is clear that the cease-and-desist order is retaliatory," Herum continued. "It's intended to punish the district."
Herum followed up by confirming that the district has complied with the state order to stop pumping. Tracy reportedly has been pumping recycled irrigation water and had not drawn fresh supplies from a branch of the San Joaquin River, according to Herum.
“If they do not respond back or if it appears that they continue to take water in violation of the draft of the cease and desist order, they do face fines up to $10,000 a day,” Kostyrko said.
In addition to fines, West Side's case could be referred to the state attorney general for further action, officials told ABC News.
Inspectors for the state water board have done 250 inspections since curtailment notices went out in May. The West Side district is the first one accused of a violation.
