Archived, Open Letter

Open Letter: to California State Water Resources Control Board and Staff

 Today, the United States Supreme Court overturned a 40-year-old doctrine that granted deference to non-elected agencies, such as the State Water Resources Control Board, in litigation cases. Historically, when citizens filed suits against non-elected agencies like the E.P.A., Air Resources Boards, and the A.T.F., these agencies were protected by the Chevron deference precedent. Under this precedent, the rights of U.S. citizens were often overshadowed in court proceedings until today. 

The California State Water Resources Control Board is now exposed to numerous lawsuits due to regulations and rules that they did not have the authority to implement. Many of the current regulations are not supported by codified law and will not withstand scrutiny in litigation. During the October 30, 2023, listening session meetings, I forewarned of the potential overturning of Chevron deference in the Loper Bright Enterprises v. Raimundo case. However, the staff present at those sessions ignored my warnings on this issue. The State Water Resources Control Board should immediately rescind all regulations and rules not supported by law. The emergency regulations on the Scott and Shasta Rivers should also be rescinded without delay. These emergency regulations lack scientific validity. The minimum flow levels recommended by the staff for the Shasta River are not supported by the only feasible study on the river, the McBain Trush study of 2013. The study states on page 107 that no minimum flow study was conducted for reaches 4 (Big Springs Creek) and 5 (Big Springs Creek to Highway A12) due to a lack of time and funding. No study was conducted below Highway A12, where the minimum flow levels are currently being set and monitored. The lack of scientific data used to infringe on rights, combined with the lack of authority, constitutes a strong case for litigation against the State Water Resources Control Board. Future decisions should reflect the intended limits of authority for non-elected agencies. 

The citizens of Siskiyou County would prefer to resolve the conflict between our farmers and ranchers and the State Water Resources Control Board without resorting to litigation. The Board should recognize the significance of the overturning of Chevron deference and avoid litigation by operating strictly within their authorized limits. I urge the State Water Resources Control Board to rescind all existing rules and regulations that exceed their authority and to adhere to the boundaries appropriate for a non-elected agency in the future. 

Jess Harris 

Siskiyou County Resident 

530.643.90**

CC: Doug Lamalfa, Siskiyou County Board of Supervisors 


One Comment

  1. Hello Jess:

    I applaud the intend of your letter. And I agree with the principals behind it as many readers know from my articles.

    You concluded with this:

    “The citizens of Siskiyou County would prefer to resolve the conflict between our farmers and ranchers and the State Water Resources Control Board without resorting to litigation. The Board should recognize the significance of the overturning of Chevron deference and avoid litigation by operating strictly within their authorized limits.”

    What you’re missing is that they won’t cease enforcing their current restrictions, even in light of threatened litigation. And when and if they are sued, given they are using OUR tax-dollars to defend any legal agreement we may posit, they won’t care. And if they lose in a State Court, given they have an open check-book courtesy of CA taxpayers, they will appeal, adding even more cost to the taxpayers on both ends (paying for their lawyers with our taxes, and our lawyers out of our own pockets). In the meantime, short of a judicial order to set aside the water curtailments during any such pending litigation, the State Water Board will likely continue doing what they wish until a court orders them to stop, and they may challenge that too. This is the sad part of our government and its legal system. ALL us citizens have to fund our own legal costs, while the State and Feds use our money to defend lawsuits that we may bring. The deck is stacked against us, and at least or until we create a penalty (civil) that is levied upon agencies directly, and or the personnel running those despotic agencies when they lose, for malfeasance, we will continue fighting against an army of despots and their minions who are armed with ammunition paid for by all of us… We need ALL like-minded citizens to ban together, using our combined resources to start overcoming the Tyranny that has befallen our County. That is the ONLY way we stand any chance. ~William E. Simpson II

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