By Dan Durheim
California Farm Bureau Chief Operating Officer
With the start of a new year, I thought it appropriate to share my personal resolution of implementing the vision of the California Farm Bureau.
I also want to renew an old promise: The staff and board leadership are committed to securing the best possible future for California farms, ranches and farm families. It has been our mission for 106 years, and this mission will continue to drive our work in 2025 and beyond. This strategic direction is built on three foundational pillars: advocacy, on-farm business solutions, and leadership and networking opportunities.
It’s clear to me that Farm Bureau members and staff are eager for more. As we look to the future, we must ask ourselves: What does the future look like for Farm Bureau? What is our opportunity for growth? What is the opportunity for engagement?
Our goal is to get most of the market share of farmers, ranchers and other agriculturalists in California to belong to our organization. Imagine if 80% of the more than 63,000 agricultural operations in the state were part of Farm Bureau. The collective power and influence we could wield could drive even more impactful change.
Under the theme “Stronger Together,” delegates from county Farm Bureaus vote on policies to guide future priorities during the 2024 California Farm Bureau Annual Meeting in Monterey in December.
Photo/Brian Farinas
As we strive to secure the future, we must also honor our history and rich legacy. Our power lies within the grassroots membership and the activation of those members through the county and state Farm Bureaus. The power of grassroots efforts cannot be overstated. Our strength lies in our members and the collective power of individuals coming together to advocate for common goals. Grassroots movements are the backbone of our advocacy work. They ensure that our policies and initiatives are grounded in the real-world experiences and needs of our members.
We are proud of the history of advocating for farmers and ranchers, and the legacy is the foundation upon which we built. However, to remain relevant and effective, we must also seek new ideas and embrace innovation. This balance between honoring our past and welcoming the future is crucial to our continued success.
To achieve our goals, we have an opportunity to work together as counties and states to increase our operational efficiencies. By improving these efficiencies, we can deploy the right resources at the right time in the right place to achieve relevant goals of advocacy, organizational growth and strength, as well as member value and engagement.
I’d like to dig a little deeper into the definition of these measurable goals. We describe advocacy as ensuring that our members’ voices are heard and that policies are shaped to benefit Farm Bureau members and the greater agricultural community.
Organizational strength is defined as expanding our membership and strengthening our organizational capabilities, member value and engagement, and providing valuable programs, resources, support and opportunity for Farm Bureau members to engage and grow.
One of our greatest strengths is our people. The staff and board leadership are among some of the best I’ve ever worked with. The state office team is amazing. Their dedication and expertise are invaluable assets that I rely on. We have an opportunity, and dare I say, even a responsibility to continue to develop this talent.
This commitment to growth ensures that we remain strong and effective in serving farmers. Unity is a powerful theme that resonates deeply within our mission. We are stronger together than we are individually. When we unite our efforts, we amplify our impact. This unity is not just about working together; it’s about supporting each other, sharing knowledge and standing together as one community.
As we look to the future, let us remember that our strength lies in our unity and honoring our legacy and the power of new ideas in grassroots efforts.
Our focus of growing Farm Bureau is with and through the county Farm Bureaus. Our growth in this state is about growing together with and through the county Farm Bureaus—and ultimately collectively bringing a competitive advantage to our members.
By working together, we can secure the best possible future for our members, farms, ranches and farm families. We can shape policies that benefit us all, implement solutions that enhance our operations and build a community that supports and uplifts each member.
Thank you for your dedication and commitment to Farm Bureau. Together, we are stronger, and together, we will achieve great things.
(Dan Durheim is chief operating officer of the California Farm Bureau. This commentary is adapted from his speech before members at the organization’s 2024 Annual Meeting in Monterey. He may be contacted at ddurheim@cfbf.com.)
Mendocino County forester Estelle Clifton, right, discusses priority issues as California Farm Bureau natural resources and land use consultant Erin Huston, center, California Farm Bureau First Vice president Shaun Crook of Tuolumne County, left, and Jim Morris, Siskiyou County Farm Bureau member, listen. The talks were part of a listening session for members held at the organization’s Annual Meeting in December.
As we step into 2025, we face no shortage of important issues to address while setting our priorities for the new year. This past fall, when we began planning for this year, I encouraged our team to do so with a renewed focus on truly listening to the voices of California farmers and ranchers. They rose to the challenge.
I’m excited to share with you, our farmer and rancher members, a new, year-long initiative focused on understanding your concerns and addressing your needs. This effort will be rooted in California Farm Bureau’s policy and legal advocacy work, while also encompassing all aspects of Farm Bureau’s mission. Together, we aim to uncover solutions to farm policy challenges, as well as opportunities for professional development and education that support your success.
We kicked off this process a few weeks ago at the California Farm Bureau Annual Meeting, where we hosted a series of listening sessions. Participants selected the topics they wanted to discuss and joined conversations led by our Board of Directors. These farmer and rancher leaders took detailed notes and gathered invaluable feedback about the pain points you’re experiencing at the farm gate. The conversations were heard by our staff, embraced by leadership and will shape Farm Bureau’s priorities as we advance to the next phase of engaging with and amplifying the voices of California farmers and ranchers.
The next step in this policy engagement process brings these conversations out of Sacramento and into county Farm Bureaus. Eight counties have stepped up to host Commodity Advisory Committee meetings, inviting all agricultural members to join either in person or virtually. At these meetings, you will hear from subject matter experts and have the opportunity to share concerns, challenges and proposed solutions directly to California Farm Bureau staff and leadership. Farmer and rancher members from across the state will chair the meetings, building on the issues-based discussions and priorities identified at the Annual Meeting. I encourage each of you to participate. Your voice—the voice of the farmer and rancher—is the one we’re listening for.
As part of this effort, two members of the Board of Directors will serve as official liaisons at each board meeting, ensuring the discussions are carried from the farm to the boardroom. Additionally, First Vice President Shaun Crook, Second Vice President Ron Peterson, Chief Operating Officer Dan Durheim and I look forward to attending the meetings, engaging with you and hearing your insights firsthand.
You’ll find a schedule of upcoming meetings below. Also, in the next several issues of Ag Alert®, you’ll see an ad with a QR code linking to details for each session, including the agenda and a virtual participation link. For those attending in person, lunch will be provided by the California Farm Bureau.
In 2024, we were reminded that we’re stronger together. In 2025, let’s remind everyone of the powerful voice of California farmers and ranchers.
2025 Commodity Advisory Committee meetings
Agricultural members are encouraged to help shape Farm Bureau policy priorities by attending one or more Commodity Advisory Committee meetings this winter. Meetings will be held in person and virtually, giving members an opportunity to discuss key issues affecting their businesses. Most meetings are tentatively scheduled for 10 a.m. at the county Farm Bureau office. Read Ag Alert® for more details.
• Feb. 4: Forestry/Public Lands – Butte County; includes grazing and other permit holders, representatives of forestry and logging.
• Feb. 5: Wheat, Feed and Small Grains – Glenn County; includes grower representatives of alfalfa, rice, hay crops, etc.
• Feb. 6: Field Crops – Colusa County; includes grower representatives of broccoli, strawberries, leafy greens, beans, etc.
• Feb. 13: Nut Trees – Fresno County; includes grower representatives of walnuts, almonds, pistachios, etc.
• Feb. 18: Fruit Trees – San Joaquin County; includes grower representatives of apples, citrus, stone fruit, etc. (This meeting will begin at 1 p.m.)
• Feb. 19: Livestock – Stanislaus County; includes grower representatives of beef, dairy, sheep, goats, poultry and aquaculture.
• March 4: Grape – Monterey County; includes grower representatives of table grapes, winegrapes and grape products.
• March 12: Horticulture – San Diego County; includes representatives of flowering and ornamental plants, and nurseries.
With 2024 drawing to a close, Washington, D.C., is in a period of transition. Near the Capitol, several congressional offices are clearing out as new tenants prepare to take over. Two miles down the road, the White House is no doubt preparing for the same.
While federal agencies largely remain unchanged following major elections—aside from political appointees and their staff—talk of “government efficiency” has many wondering just how different life might get in the nation’s capital next year.
Donald Trump is set to become just the second president to serve nonconsecutive terms, following in the footsteps of Grover Cleveland, our 22nd and 24th president. Maybe it’s time to update the saying, “Meet the new boss, same as the old(er) boss.”
There are signs this won’t be fully similar to President Trump’s first term though. The nominees for his cabinet positions appear to be more closely aligned to his own political beliefs rather than some of the more traditional picks from eight years ago.
While I won’t jump into the frenzy over specific nominees, what can we expect as an industry heading into 2025? The full reauthorization of the farm bill is all but dead barring any last-minute, lame duck theatrics. This means year three of Congress attempting to pass a five-year extension next session.
You may recall one of the Republicans’ key legislative victories in Trump’s first term was the Tax Cuts and Jobs Act, passed and signed into law in late 2017. It ushered in a number of changes to the tax code, including several items that were beneficial to agriculture, such as a stepped-up basis for inherited property and reduced pass-through tax rates.
Many of these changes are “sunsetting” though. This means they are timing out because they were never passed as permanent changes. Some of the limitations are due to the method it was passed: budget reconciliation.
This process allows the Senate to pass certain tax and spending measures with a simple majority instead of a “cloture-proof” vote of 60 senators. While Republicans are going from 49 seats to 53 in the new Congress, it is unlikely they’ll convince enough Democrats to support the tax changes they’re seeking. The expectation is that budget reconciliation will be used again to extend the tax measures.
Aside from the farm bill and taxes, border security and tariffs are receiving some of the most attention post-election thus far. On both issues, many in the agricultural industry are quite concerned about what the possible impacts could be.
We saw firsthand in 2019 that retaliatory tariffs can be extremely harmful to many commodities produced in the U.S., with billions in projected losses impacting a number of sectors. Soybeans are often mentioned first, but tree nut producers in California were negatively impacted as well.
It is impossible to predict which commodities or industries will be targeted by retaliatory tariffs, as we simply do not know whether Trump will follow through with his proposal to increase them on Mexico, Canada and China.
It could simply be a negotiating tactic ahead of taking over the White House, and if not, the three targeted countries could choose to implement increases across the board or make certain industries feel the pain more than others.
This line is also being used for plans surrounding “closing” the border and increasing the rate at which we deport immigrants lacking permanent legal status. While the issue of immigration and border security contributed to President Biden’s defeat, the total number of what we call “enforcement actions” was actually up considerably during his tenure.
Much of this was due to what are known as Title 42 expulsions, a policy President Biden worked on ending and that Trump could very well look to revive. Early talk from his transition team has focused on removing “criminal” immigrants who commit violent crimes and drug-related charges.
It is a fair question to ask what impact this might have on agriculture and other industries such as construction, and unfortunately, I simply cannot provide answers to something that hasn’t happened.
I’ll admit that is a bit of a cop-out, but I would point out that every president-elect has a long list of campaign promises and “Day One” commitments that are never kept. One of President Woodrow Wilson’s key slogans in 1916 was, “He kept us out of war,” which didn’t exactly hold up with our entry into World War I a year after his second inauguration.
While I would be pretty shocked if President-elect Trump did a 180-degree turn on some of his key campaign promises, nothing is set in stone until the ink dries. Until then—and after—we remain committed towards defending agriculture’s needs regardless of the party in power.
(Matthew Viohl is a director of policy advocacy for the California Farm Bureau. He may be contacted at mviohl@cfbf.com.)
California farmers and ranchers who divert water and violate orders or reporting requirements from the California State Water Resources Control Board may feel sticker shock when new increased penalties take effect Jan. 1.
The state water board’s powers to issue fines for water rights violations were first established in the 1980s and have remained mostly unchanged. In 1980, the California Legislature and Gov. Jerry Brown approved a law that gave the state water board the authority to issue cease-and-desist orders when the board has evidence that a diverter has violated an order.
Such an incident occurred in August 2022 with a group of diverters along the Shasta River. After several consecutive drought years, the diverters were placed under an emergency curtailment order to protect salmon. U.S. Geological Survey stream-flow gauges that year showed that the Shasta River water level dropped by more than half in less than a day, and the individuals were found by the state to be in violation of the order.
In response to the incident, California lawmakers introduced a bill sponsored by environmental groups that would have given the board new enforcement authority to increase fines for violating board orders from the levels set almost 40 years ago.
Through the advocacy of the California Farm Bureau and its allies, the bill was narrowed to only increase penalty fines without giving the state water board new regulatory powers. The legislation, Assembly Bill 460, was signed by Gov. Gavin Newsom and takes effect Jan. 1. It affects anyone with water rights claims, licenses or permits who diverts water illegally.
Under the changes enacted by AB 460, the penalty fine for violating a cease-and-desist order issued by the state water board increases from $1,000 per day to $2,000. The penalty fine for violating a water rights order or regulation or failing to report flood flow diversions for recharge during flood emergencies increases from $500 per day to $1,000.
The act of violating a curtailment order, such as what occurred on the Shasta River in 2022 and prompted the introduction of AB 460, will carry a fine of $10,000 per day and $2,500 per acre-foot diverted. In addition, on Jan. 1, 2026, the state water board is required to adjust the amount of penalty fines annually based on inflation.
As part of its adjustment of water rights fees and water quality fees this fall, the state water board established a new late fee that will be assessed each year to diverters who fail to report their annual water diversions or who report the information more than 30 days after the reporting deadline. The late fee scales up depending on the size of the water right and the amount of time that has lapsed since the reporting deadline. The board established a 30-day grace period beginning Feb. 1 before the late fee is assessed; however, starting March 2, fees will begin to accrue.
At the low end, diverters with water rights of less than 100 acre-feet and who submit their reports within 60 days after the deadline face a late fee equal to 25% of their annual water right fee. This percentage increases every 30 days.
At the high end, diverters with water rights of more than 25,000 acre-feet face a minimum 60% late fee and a maximum 85% late fee if they fail to report after the 30-day grace period.
All water rights holders are annually required to submit Water Diversion and Use Reports electronically to the board between Oct. 1 and Jan. 31 for the previous water year. The water year runs from Oct. 1 to the following Sept. 30. For example, this year, water rights holders would submit a report that showed how much water they diverted and used from Oct. 1, 2023, to Sept. 30, 2024.
The board’s establishment of a late fee for water diversion and use reports is intended to increase rates of reporting compliance, which are generally high among large diverters but lower for many small diverters who divert less than 100 acre-feet, according to the state water board.
View the state water board’s updated water rights fee schedule summary for fiscal year 2024-2025 at www.waterboards.ca.gov/resources/fees/stakeholder/docs/2024/fy2425-fee-schedule-summary.pdf.
(Alexandra Biering is a director of policy advocacy for the California Farm Bureau. She may be contacted at abiering@cfbf.com.)
.svg.png){kind=small}
Commentary
By Dan Durheim
California Farm Bureau Chief Operating Officer
With the start of a new year, I thought it appropriate to share my personal resolution of implementing the vision of the California Farm Bureau.
I also want to renew an old promise: The staff and board leadership are committed to securing the best possible future for California farms, ranches and farm families. It has been our mission for 106 years, and this mission will continue to drive our work in 2025 and beyond. This strategic direction is built on three foundational pillars: advocacy, on-farm business solutions, and leadership and networking opportunities.
It’s clear to me that Farm Bureau members and staff are eager for more. As we look to the future, we must ask ourselves: What does the future look like for Farm Bureau? What is our opportunity for growth? What is the opportunity for engagement?
Our goal is to get most of the market share of farmers, ranchers and other agriculturalists in California to belong to our organization. Imagine if 80% of the more than 63,000 agricultural operations in the state were part of Farm Bureau. The collective power and influence we could wield could drive even more impactful change.
Photo/Brian Farinas
As we strive to secure the future, we must also honor our history and rich legacy. Our power lies within the grassroots membership and the activation of those members through the county and state Farm Bureaus. The power of grassroots efforts cannot be overstated. Our strength lies in our members and the collective power of individuals coming together to advocate for common goals. Grassroots movements are the backbone of our advocacy work. They ensure that our policies and initiatives are grounded in the real-world experiences and needs of our members.
We are proud of the history of advocating for farmers and ranchers, and the legacy is the foundation upon which we built. However, to remain relevant and effective, we must also seek new ideas and embrace innovation. This balance between honoring our past and welcoming the future is crucial to our continued success.
To achieve our goals, we have an opportunity to work together as counties and states to increase our operational efficiencies. By improving these efficiencies, we can deploy the right resources at the right time in the right place to achieve relevant goals of advocacy, organizational growth and strength, as well as member value and engagement.
I’d like to dig a little deeper into the definition of these measurable goals. We describe advocacy as ensuring that our members’ voices are heard and that policies are shaped to benefit Farm Bureau members and the greater agricultural community.
Organizational strength is defined as expanding our membership and strengthening our organizational capabilities, member value and engagement, and providing valuable programs, resources, support and opportunity for Farm Bureau members to engage and grow.
One of our greatest strengths is our people. The staff and board leadership are among some of the best I’ve ever worked with. The state office team is amazing. Their dedication and expertise are invaluable assets that I rely on. We have an opportunity, and dare I say, even a responsibility to continue to develop this talent.
This commitment to growth ensures that we remain strong and effective in serving farmers. Unity is a powerful theme that resonates deeply within our mission. We are stronger together than we are individually. When we unite our efforts, we amplify our impact. This unity is not just about working together; it’s about supporting each other, sharing knowledge and standing together as one community.
As we look to the future, let us remember that our strength lies in our unity and honoring our legacy and the power of new ideas in grassroots efforts.
Our focus of growing Farm Bureau is with and through the county Farm Bureaus. Our growth in this state is about growing together with and through the county Farm Bureaus—and ultimately collectively bringing a competitive advantage to our members.
By working together, we can secure the best possible future for our members, farms, ranches and farm families. We can shape policies that benefit us all, implement solutions that enhance our operations and build a community that supports and uplifts each member.
Thank you for your dedication and commitment to Farm Bureau. Together, we are stronger, and together, we will achieve great things.
(Dan Durheim is chief operating officer of the California Farm Bureau. This commentary is adapted from his speech before members at the organization’s 2024 Annual Meeting in Monterey. He may be contacted at ddurheim@cfbf.com.)
As we step into 2025, we face no shortage of important issues to address while setting our priorities for the new year. This past fall, when we began planning for this year, I encouraged our team to do so with a renewed focus on truly listening to the voices of California farmers and ranchers. They rose to the challenge.
I’m excited to share with you, our farmer and rancher members, a new, year-long initiative focused on understanding your concerns and addressing your needs. This effort will be rooted in California Farm Bureau’s policy and legal advocacy work, while also encompassing all aspects of Farm Bureau’s mission. Together, we aim to uncover solutions to farm policy challenges, as well as opportunities for professional development and education that support your success.
We kicked off this process a few weeks ago at the California Farm Bureau Annual Meeting, where we hosted a series of listening sessions. Participants selected the topics they wanted to discuss and joined conversations led by our Board of Directors. These farmer and rancher leaders took detailed notes and gathered invaluable feedback about the pain points you’re experiencing at the farm gate. The conversations were heard by our staff, embraced by leadership and will shape Farm Bureau’s priorities as we advance to the next phase of engaging with and amplifying the voices of California farmers and ranchers.
The next step in this policy engagement process brings these conversations out of Sacramento and into county Farm Bureaus. Eight counties have stepped up to host Commodity Advisory Committee meetings, inviting all agricultural members to join either in person or virtually. At these meetings, you will hear from subject matter experts and have the opportunity to share concerns, challenges and proposed solutions directly to California Farm Bureau staff and leadership. Farmer and rancher members from across the state will chair the meetings, building on the issues-based discussions and priorities identified at the Annual Meeting. I encourage each of you to participate. Your voice—the voice of the farmer and rancher—is the one we’re listening for.
As part of this effort, two members of the Board of Directors will serve as official liaisons at each board meeting, ensuring the discussions are carried from the farm to the boardroom. Additionally, First Vice President Shaun Crook, Second Vice President Ron Peterson, Chief Operating Officer Dan Durheim and I look forward to attending the meetings, engaging with you and hearing your insights firsthand.
You’ll find a schedule of upcoming meetings below. Also, in the next several issues of Ag Alert®, you’ll see an ad with a QR code linking to details for each session, including the agenda and a virtual participation link. For those attending in person, lunch will be provided by the California Farm Bureau.
In 2024, we were reminded that we’re stronger together. In 2025, let’s remind everyone of the powerful voice of California farmers and ranchers.
2025 Commodity Advisory Committee meetings
Agricultural members are encouraged to help shape Farm Bureau policy priorities by attending one or more Commodity Advisory Committee meetings this winter. Meetings will be held in person and virtually, giving members an opportunity to discuss key issues affecting their businesses. Most meetings are tentatively scheduled for 10 a.m. at the county Farm Bureau office. Read Ag Alert® for more details.
• Feb. 4: Forestry/Public Lands – Butte County; includes grazing and other permit holders, representatives of forestry and logging.
• Feb. 5: Wheat, Feed and Small Grains – Glenn County; includes grower representatives of alfalfa, rice, hay crops, etc.
• Feb. 6: Field Crops – Colusa County; includes grower representatives of broccoli, strawberries, leafy greens, beans, etc.
• Feb. 13: Nut Trees – Fresno County; includes grower representatives of walnuts, almonds, pistachios, etc.
• Feb. 18: Fruit Trees – San Joaquin County; includes grower representatives of apples, citrus, stone fruit, etc. (This meeting will begin at 1 p.m.)
• Feb. 19: Livestock – Stanislaus County; includes grower representatives of beef, dairy, sheep, goats, poultry and aquaculture.
• March 4: Grape – Monterey County; includes grower representatives of table grapes, winegrapes and grape products.
• March 12: Horticulture – San Diego County; includes representatives of flowering and ornamental plants, and nurseries.
By Matthew Viohl
With 2024 drawing to a close, Washington, D.C., is in a period of transition. Near the Capitol, several congressional offices are clearing out as new tenants prepare to take over. Two miles down the road, the White House is no doubt preparing for the same.
While federal agencies largely remain unchanged following major elections—aside from political appointees and their staff—talk of “government efficiency” has many wondering just how different life might get in the nation’s capital next year.
Donald Trump is set to become just the second president to serve nonconsecutive terms, following in the footsteps of Grover Cleveland, our 22nd and 24th president. Maybe it’s time to update the saying, “Meet the new boss, same as the old(er) boss.”
There are signs this won’t be fully similar to President Trump’s first term though. The nominees for his cabinet positions appear to be more closely aligned to his own political beliefs rather than some of the more traditional picks from eight years ago.
While I won’t jump into the frenzy over specific nominees, what can we expect as an industry heading into 2025? The full reauthorization of the farm bill is all but dead barring any last-minute, lame duck theatrics. This means year three of Congress attempting to pass a five-year extension next session.
You may recall one of the Republicans’ key legislative victories in Trump’s first term was the Tax Cuts and Jobs Act, passed and signed into law in late 2017. It ushered in a number of changes to the tax code, including several items that were beneficial to agriculture, such as a stepped-up basis for inherited property and reduced pass-through tax rates.
Many of these changes are “sunsetting” though. This means they are timing out because they were never passed as permanent changes. Some of the limitations are due to the method it was passed: budget reconciliation.
This process allows the Senate to pass certain tax and spending measures with a simple majority instead of a “cloture-proof” vote of 60 senators. While Republicans are going from 49 seats to 53 in the new Congress, it is unlikely they’ll convince enough Democrats to support the tax changes they’re seeking. The expectation is that budget reconciliation will be used again to extend the tax measures.
Aside from the farm bill and taxes, border security and tariffs are receiving some of the most attention post-election thus far. On both issues, many in the agricultural industry are quite concerned about what the possible impacts could be.
We saw firsthand in 2019 that retaliatory tariffs can be extremely harmful to many commodities produced in the U.S., with billions in projected losses impacting a number of sectors. Soybeans are often mentioned first, but tree nut producers in California were negatively impacted as well.
It is impossible to predict which commodities or industries will be targeted by retaliatory tariffs, as we simply do not know whether Trump will follow through with his proposal to increase them on Mexico, Canada and China.
It could simply be a negotiating tactic ahead of taking over the White House, and if not, the three targeted countries could choose to implement increases across the board or make certain industries feel the pain more than others.
This line is also being used for plans surrounding “closing” the border and increasing the rate at which we deport immigrants lacking permanent legal status. While the issue of immigration and border security contributed to President Biden’s defeat, the total number of what we call “enforcement actions” was actually up considerably during his tenure.
Much of this was due to what are known as Title 42 expulsions, a policy President Biden worked on ending and that Trump could very well look to revive. Early talk from his transition team has focused on removing “criminal” immigrants who commit violent crimes and drug-related charges.
It is a fair question to ask what impact this might have on agriculture and other industries such as construction, and unfortunately, I simply cannot provide answers to something that hasn’t happened.
I’ll admit that is a bit of a cop-out, but I would point out that every president-elect has a long list of campaign promises and “Day One” commitments that are never kept. One of President Woodrow Wilson’s key slogans in 1916 was, “He kept us out of war,” which didn’t exactly hold up with our entry into World War I a year after his second inauguration.
While I would be pretty shocked if President-elect Trump did a 180-degree turn on some of his key campaign promises, nothing is set in stone until the ink dries. Until then—and after—we remain committed towards defending agriculture’s needs regardless of the party in power.
(Matthew Viohl is a director of policy advocacy for the California Farm Bureau. He may be contacted at mviohl@cfbf.com.)
By Alexandra Biering
California farmers and ranchers who divert water and violate orders or reporting requirements from the California State Water Resources Control Board may feel sticker shock when new increased penalties take effect Jan. 1.
The state water board’s powers to issue fines for water rights violations were first established in the 1980s and have remained mostly unchanged. In 1980, the California Legislature and Gov. Jerry Brown approved a law that gave the state water board the authority to issue cease-and-desist orders when the board has evidence that a diverter has violated an order.
Such an incident occurred in August 2022 with a group of diverters along the Shasta River. After several consecutive drought years, the diverters were placed under an emergency curtailment order to protect salmon. U.S. Geological Survey stream-flow gauges that year showed that the Shasta River water level dropped by more than half in less than a day, and the individuals were found by the state to be in violation of the order.
In response to the incident, California lawmakers introduced a bill sponsored by environmental groups that would have given the board new enforcement authority to increase fines for violating board orders from the levels set almost 40 years ago.
Through the advocacy of the California Farm Bureau and its allies, the bill was narrowed to only increase penalty fines without giving the state water board new regulatory powers. The legislation, Assembly Bill 460, was signed by Gov. Gavin Newsom and takes effect Jan. 1. It affects anyone with water rights claims, licenses or permits who diverts water illegally.
Under the changes enacted by AB 460, the penalty fine for violating a cease-and-desist order issued by the state water board increases from $1,000 per day to $2,000. The penalty fine for violating a water rights order or regulation or failing to report flood flow diversions for recharge during flood emergencies increases from $500 per day to $1,000.
The act of violating a curtailment order, such as what occurred on the Shasta River in 2022 and prompted the introduction of AB 460, will carry a fine of $10,000 per day and $2,500 per acre-foot diverted. In addition, on Jan. 1, 2026, the state water board is required to adjust the amount of penalty fines annually based on inflation.
As part of its adjustment of water rights fees and water quality fees this fall, the state water board established a new late fee that will be assessed each year to diverters who fail to report their annual water diversions or who report the information more than 30 days after the reporting deadline. The late fee scales up depending on the size of the water right and the amount of time that has lapsed since the reporting deadline. The board established a 30-day grace period beginning Feb. 1 before the late fee is assessed; however, starting March 2, fees will begin to accrue.
At the low end, diverters with water rights of less than 100 acre-feet and who submit their reports within 60 days after the deadline face a late fee equal to 25% of their annual water right fee. This percentage increases every 30 days.
At the high end, diverters with water rights of more than 25,000 acre-feet face a minimum 60% late fee and a maximum 85% late fee if they fail to report after the 30-day grace period.
All water rights holders are annually required to submit Water Diversion and Use Reports electronically to the board between Oct. 1 and Jan. 31 for the previous water year. The water year runs from Oct. 1 to the following Sept. 30. For example, this year, water rights holders would submit a report that showed how much water they diverted and used from Oct. 1, 2023, to Sept. 30, 2024.
The board’s establishment of a late fee for water diversion and use reports is intended to increase rates of reporting compliance, which are generally high among large diverters but lower for many small diverters who divert less than 100 acre-feet, according to the state water board.
View the state water board’s updated water rights fee schedule summary for fiscal year 2024-2025 at www.waterboards.ca.gov/resources/fees/stakeholder/docs/2024/fy2425-fee-schedule-summary.pdf.
(Alexandra Biering is a director of policy advocacy for the California Farm Bureau. She may be contacted at abiering@cfbf.com.)