Best Water Law Lawyers in Bakersfield

About Water Law in Bakersfield, United States

Water law refers to the body of legal rules governing the use, allocation, and management of water resources. In Bakersfield, California - located in Kern County - water law is particularly important due to the region’s agricultural activity, semi-arid climate, and dependence on local rivers and groundwater. Water law in Bakersfield is influenced by California’s complex water rights system, combining both riparian and appropriative rights, as well as federal and state regulations. Issues may range from groundwater management, surface water allocation, and pollution control to water transfers and disputes between agricultural, urban, and environmental interests.

Why You May Need a Lawyer

There are various situations in which individuals or organizations in Bakersfield may need legal assistance relating to water law. Common reasons include:

• Resolving disputes over water use or rights with neighboring landowners or agencies
• Securing and transferring water rights for agricultural, municipal, or industrial purposes
• Navigating compliance with state or federal water regulations
• Addressing groundwater contamination or water quality problems
• Participating in groundwater sustainability planning and compliance with the Sustainable Groundwater Management Act (SGMA)
• Responding to enforcement actions from regulatory authorities such as the State Water Resources Control Board
• Protecting environmental interests or defending against claims of environmental harm due to water usage
• Drafting or reviewing contracts involving water transfers, rights, or infrastructure

An experienced water law attorney can help clarify your rights, ensure compliance, and represent your interests in disputes or regulatory proceedings.

Local Laws Overview

Bakersfield lies within a region governed by both local and statewide water regulations. The key aspects of water law relevant to residents and businesses in Bakersfield include:

• California Water Rights - The state uses a dual system of riparian and appropriative rights. Landowners adjacent to water sources have riparian rights, while others may hold appropriative rights through legal procedures.
• Groundwater Management - Under the SGMA, local groundwater sustainability agencies (GSAs) in Kern County are responsible for developing and implementing sustainability plans to avoid over-drafting aquifers.
• Kern River and Regional Water - The allocation of Kern River water is managed by local districts and subject to historic agreements and court adjudications.
• Water Quality Regulation - Water quality is governed by both the State Water Resources Control Board and the Central Valley Regional Water Quality Control Board, along with local authorities.
• Ordinances and Local Agencies - Bakersfield and Kern County have ordinances impacting well drilling, water exports, and conservation measures. Numerous water districts operate within and around Bakersfield, each with rules impacting service, rights, and rates.

Given this intricate legal landscape, understanding your specific rights and obligations requires careful review of both local and state laws.

Frequently Asked Questions

How are water rights determined in Bakersfield?

Water rights may arise under California’s riparian and appropriative systems. Riparian rights are attached to land bordering watercourses, while appropriative rights are granted based on priority of use and can belong to non-adjacent land. Many local rights are based on historic use and documented through court decrees or permits.

Who regulates water use in Bakersfield?

Water use is regulated by various entities, including the State Water Resources Control Board, local GSAs for groundwater, the Central Valley Regional Water Quality Control Board for water quality, and numerous local water districts within the Bakersfield area.

What is the Sustainable Groundwater Management Act (SGMA)?

SGMA is a California law requiring local agencies to prepare and implement groundwater sustainability plans in areas identified as high or medium priority basins, such as the Kern County Groundwater Basin. The goal is to achieve long-term groundwater sustainability.

Can I drill a new well on my property?

The ability to drill a well depends on local and county ordinances, availability of water, and compliance with SGMA or local groundwater management plans. Permits from Kern County Environmental Health Services may be required.

What do I do if my water rights are being infringed?

If you believe someone is interfering with your water rights, you should document the issue, attempt to resolve it amicably, and consult a water law attorney to consider legal remedies, including court or regulatory proceedings.

Are there restrictions on transferring water rights?

Transferring water rights often involves regulatory approval and may be subject to limitations aimed at preserving public or environmental interests. Transfers must generally be documented, and in some cases, public notice or hearing processes may apply.

Who is responsible for water quality in Bakersfield?

Multiple agencies oversee water quality, including the city’s municipal water providers, Kern County, and state agencies. For specific water bodies, the Central Valley Regional Water Quality Control Board has jurisdiction.

How can I participate in local water planning decisions?

You may participate by attending public meetings held by GSAs, local water districts, or city and county governments. Stakeholders can submit comments or participate in advisory groups related to groundwater sustainability and other water issues.

What happens during a water shortage or drought emergency?

Water allocations may be reduced, and special rules or conservation programs are implemented by local water agencies. Legal rights to water may be temporarily curtailed in favor of higher priority uses or to meet health and safety needs.

Where can I find out who my local water supplier is?

The city of Bakersfield and various special districts provide water locally. Property records, water bills, or the Kern County government website can help identify your water supplier.

Additional Resources

Several resources and agencies may be helpful if you have questions about water law in Bakersfield:

• State Water Resources Control Board
• Central Valley Regional Water Quality Control Board
• Kern County Environmental Health Services (for wells and water quality)
• Bakersfield Department of Water Resources
• Local Groundwater Sustainability Agencies (GSAs)
• Local water districts, such as Kern Delta Water District, North Kern Water Storage District, and others
• California Department of Water Resources
• Local legal aid organizations with expertise in environmental and water law

Next Steps

If you believe you need legal advice or representation regarding water law issues in Bakersfield, consider the following steps:

• Gather all documents related to your water use or issue, such as deeds, permits, water bills, or correspondence with agencies
• Identify your specific legal concern or question to ensure focused communication with an attorney
• Contact a local attorney who specializes in water law or environmental law for an initial consultation
• Engage with relevant local water agencies or attend public meetings to become informed about ongoing issues that may affect your interests
• Stay informed about changes in state and local laws affecting water rights and usage in Kern County

Prompt action and guidance from a qualified legal professional can help protect your water rights and ensure compliance with complex regulations.