California’s New Law: Illegal Water Extraction During Drought Can Be Fined $10,000 per Day

Recently, a new law approved by Governor Gavin Newsom will impose higher fines on minor violators during droughts and illegal water diverters. Advocates believe that the stricter penalties under the new law will effectively deter water theft.

The AB460 bill was officially signed into law on the 22nd, raising the maximum fine for unauthorized water diversion from rivers and streams to $10,000 per day.

The law also stipulates that a fine of $2,500 will be imposed for each acre-foot of water used; and if there is a violation of the prohibition on river water extraction, an additional daily fine of $2,500 will be required.

According to AB460, starting from 2026, individuals who violate permits for groundwater replenishment or flood diversion reporting requirements will face civil fines of up to $1,000 per day, doubling the current fines.

Just two years ago, a group of ranchers in Siskiyou County drew water from the Shasta River and were fined $4,000, approximately $50 per person. At that time, farmers expressed that they had to weigh between the challenges of threats to livestock, ranch expenses, water scarcity, and the risk of fines.

The co-sponsor of the bill, the conservation organization “California Trout,” issued a statement on social media platform X on September 24, stating that the AB460 bill authorizes the State Water Resources Control Board to increase fines for illegal water diverters from rivers or streams.

“We need sufficient water flowing through rivers to promote watershed health and proper functioning. When a river lacks adequate water, it cannot meet the needs of those who rely on it,” the organization stated. “Similarly, native fish species cannot survive without water to swim in. AB460 will help maintain water flow through our rivers to meet the needs of fish and humans.”

According to Analise Rivero, the organization’s Deputy Director of Policy, past fines have been too low and easily overlooked, but the new law will fill this gap and strengthen existing regulations, which is an important step in combating water theft.