State Water Board: Tracy-Based Irrigation District Must Stop Pumping Water, Or It Faces Fines

TRACY (CBS13) — A Tracy-based irrigation district has been warned by the state to either stop pumping water, or face hefty fines.

The move is the State Water Resources Control Board's first drought-related enforcement action of the year.

Farmers who are served by the West Side Irrigation District were reluctant to talk to CBS13. What the order means for them is still unclear.

But the George Kostryko with the water resources board says it's crystal clear for them.

"They've 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.

The board's order says the district must stop pumping water from Old River, something the board told them not to do.

"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," he said.

As a junior water rights holder, WSID was curtailed. But last week, a Sacramento Superior Court judge ruled the initial order to stop pumping was an unconstitutional violation of due process, saying the district didn't have a chance to defend its rights at a state board hearing.

The attorney representing the district told CBS13, "This is clearly retaliatory against the district's reasonable decision to enforce its Constitutional rights and is intended to chill the district's disagreement with the State Board's illegal actions.:

The attorney also argues the order would cripple its customers, saying over $25 million worth of permanent crops will die.

What happens if the district doesn't comply?

"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," Kostryko said.

But with the laws of supply and demand making more waves, the district must either appeal to the state board, or tap out. The district has 20 days to file an appeal.

In the weeks and months ahead, the state board anticipates more enforcement orders across the state.