On Monday, August 21st, the California Supreme Court ruled that seven farmers who had
been included in a water rationing plan created by the Mojave River Basin Agency must be
compensated for the water when their historical usage is curtailed.
The suit was filed by the City of Barstow, California in 1990 to adjudicate the water
rights within the 3,600 square mile Mojave River Basin. The suit also sought to
create a rationing plan that would provide water for municipal users by curtailing
agricultural use.
Most farmers in the area signed on to the rationing play and agreed to pay fees for its
management. Seven farmers objected saying that they had pre-existing water rights
and the plan constituted an unconstitutional taking of property.
In siding with the the seven farmers, the California State Supreme Court did not
prohibit rationing and water allocation plans but the pre-existing rights of farmers can
not be trammeled upon without compensation.
The Supreme Court decision will allow farmers to market their water directly to
municipalities and receive bids for their water. This will establish market value
that water districts must then honor if sales of water or rationing takes place.
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