Sacramento Bee interviews Professor Frank about landmark groundwater ruling

Professor of Environmental Practice Richard M. Frank spoke to The Sacramento Bee about a landmark court ruling that could force many farmers to stop over-pumping groundwater sooner than was allowed under a state law granting a long grace period.

On Aug. 29, the California Court of Appeal, Third Appellate Court District ruled, in a case involving Siskiyou County’s Scott River, that state and county governments have a duty to regulate groundwater usage when groundwater pumping drains water from adjacent rivers.

As the Bee story explains, the case underscores the often-overlooked connection between rivers and aquifers. Rivers are fed by rainwater and snowmelt but also rely on groundwater. Frank, who litigated the case, told The Bee that farmers pump so much groundwater near the Scott that it goes dry for parts of the summer, harming fish populations, including endangered coho salmon.

The Sustainable Groundwater Management Act of 2014 requires “critically over-drafted” groundwater basins to come into balance -- meaning farmers will have to contribute as much as they remove -- by 2040.

But the August court ruling, which holds that California’s powerful public trust doctrine applies to the groundwater resources of the Scott water region - and is not displaced by SGMA - is likely to have a more immediate impact on groundwater pumping limits.

For more on the case, see Frank’s Faculty Blog post.

Richard M. Frank ’74 is a leader in the field of environmental law, professor of environmental practice and the founding director of the California Environmental Law and Policy Center at UC Davis School of Law.