Blog: State Water Resources Control Board’s Evolving Role: Balancing Groundwater Sustainability With Property Rights
In California, groundwater has long been a critical resource, especially for agricultural landowners. The passage of the Sustainable Groundwater Management Act (SGMA) in 2014 marked a turning point in the state’s water management strategy, aiming to address persistent issues of groundwater overdraft. SGMA seeks to ensure sustainable groundwater use, but it has also introduced new regulatory limitations that affect property owners’ rights to extract groundwater beneath their land. The California State Water Resources Control Board plays a central role in enforcing SGMA’s objectives. As local Groundwater Sustainability Agencies (GSAs) work to implement Groundwater Sustainability Plans (GSPs), the SWRCB intervenes when these plans are inadequate or absent. This expanded authority raises significant legal questions about the balance between protecting water resources and respecting property rights. This article explores the SWRCB’s evolving role and how its enforcement actions under SGMA intersect with property owners’ groundwater rights, especially considering potential regulatory takings claims.