Reports of Willits Water Theft Rehashes Enforcement Dilemma- Stealing Water Is a Low-Level Offense
On the afternoon of July 25, 2021, Mendocino County Sheriff deputies and Fish and Wildlife officers responded to Bechtel Creek in Willits regarding reports of two men pumping water out of the waterway.
The reporting party described the suspects as two men filling multiple water tanks in an unmarked truck with no plates.
MCSO’s Public Information Officer Captain Greg Van Patten told us the suspects were not located but the responding deputies found the location where the water theft likely took place a one-quarter mile from Williams Ranch Road on Muir Mill Road in a roadside turnout.
Captain Van Patten addressed the California Penal Code deficits that hinder the community’s ability to address these sorts of water thieves saying, “[A] whole water truck of stolen water from a hydrant would only amount to a citation (low-grade misdemeanor). He did suggest that, “taking it from a creek might be [a] higher environmental crime through Fish and Wildlife rules although.”
On Wednesday, June 9, Mendocino County District Attorney David Eyster told the Board of Supervisors, “We have tried to take criminal enforcement against water theft” but “criminal penalties at the state level are so low there is literally no bang for the buck.” During that meeting, DA Eyster suggested the county “join a lobbying effort in Sacramento” to “seek more hefty punishment for people stealing water.”
In 2015, the tiny town of Miranda, successfully (with the help of stories in Redheaded Blackbelt), pushed a construction company accused of water theft from their hydrants to provide an undisclosed sum in reparations.
In addition, Garberville, a town near Miranda, then passed a new ordinance that states anyone caught stealing water or tampering with their system could be fined $10,000. According to Doug Bryan, Vice Chair of the Garberville Service District at the time, “I suggested the $10,000 penalty amount for illegal taking of water from GSD because…I wanted the penalty to be greater than the amount someone could make by selling the water.”
Mendocino County is bound to fall further victim to water thieves as the aquifers dry out and the drought deepens. On July 11, the Rogina Water Company serving customers on the east side of the Ukiah Valley reported a white Toyota Tundra was caught “taking water from a hydrant on Tindall Ranch Road.” They asked if any residents have information to please “notify us immediately.”
Captain Van Patten asks that if any Mendocino County resident sees water theft in action to report it by calling (707) 463-4086, write down the vehicle description, license plate, and suspects’ description. He said photos of the situation would help for investigative purposes.
Residents in Humboldt County can call the Humboldt County Sheriff’s Office at (707) 445-7251.
In Trinity County, contact the Trinity County Sheriff’s Office at (530) 623-2611.
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Where is the water coming from that trucks are bringing to the tank farm in Briceland?
The sky.
Stealing water is low level, but it’s also low down…
I hope your mother doesn’t hear that you stole water…
Sad, like many other aspects of “small farming” on the North Coast…
Stealing is bad. And inconsiderate…
If you are watering your “Garden of Greed” with stolen water, the universe will probably punish you, even if you are unconscious of your offense…
VMG . Tell that to my greedy neighbor who was sucking so much well water for his weed that my well ran dry that I use to water my food garden that feed the family.
Yep in the same boat. Large corporate grow next door. Went from a quiet operation to a total nuisance, this year. Weeks of dirt work. Enlarged two fold. Water deliveries up to 3 trucks a day at times. Now we listen to a screaming water and gen. from 10 AM to 11 PM. And that’s accompanied by the workers screaming back and forth to each other.
Now the icing on the cake. Been drilling wells..There goes the water table. All I have is a spring. I’ll give it a year before they suck it dry. Out of State corporation. Most stake holders from Florida and Arizona. Think they give a crap about us? NFW.
God that sucks! You are not alone.
The county doesn’t care about neighbors and neighborhoods. They never go walk around a proposed grow to look at the lay of the land, canvas neighbors, determine noise and traffic impact.
>”Been drilling wells..There goes the water table”
Who has been drilling wells ?
State of California made it illegal to drill your own wells back in 1980 (?) or so.
Should be a permitting agency and a professional well driller.
If it’s otherwise, call the county or F&G.
Grow one male plant in your backyard every year.
On the state level it is low level.
Federally, if proven to the low standard of preponderance can become a nightmare.
All it ends up being is a “fine” ever wonder why there called “FINES” it’s really not a crime and if you pay your “FINES” everything will be FINE Just part of the game people. With the water shortage this year nd past it’s a shame . I agree with protection of our water sheds. If you haven’t figured out legit water for you and your grow by now get out of the game. Your screwed. Call it a win, close the book befor you loose it all.
I’m curious about the $10,000 fine ordinance in Garberville (which I think is great). As far as I know neither the unincorporated town of G-Ville nor the service district have the ability to create a lawful ordinance, so this must be a county ordinance, right? If that’s the case does it cover the entire county (I hope so) or only those areas that yelled the loudest (bummer)? Anyone have insight on this?
The Garberville CSD is a special district of the State of California as are all CSD’s and therefore has the ability and legal powers to pass ordinances pertaining to the powers assigned to it in this case water and sewer services.
The fine was created by Miranda community services district and later adopted by others. The company had to pay it and fire the people involved in instructing the employees to steal the water. I know because I helped create the ordinance and saw the check that the company had to pay to the district . It should be adopted by the state, by the way the 10,000 $ was the minimal fine regardless of amount stolen
It’s not just stealing water. The impact from Fish and Game. Improperly filtering water and killing fry salmonoid. Evasion of taxes. If they’re hauling it out of the creek then up the mountain and selling it nobody’s tracking how much they’re hauling and they’re definitely not paying taxes on their ill-gotten gain. If hauling for a supposed legitimate farm they’re supposed to have a logbook and records of all that stuff for monthly reporting to the cannabis program . Get them on a s*** ton of vehicle code violations have the CHP come out and inspect the truck. Check the leaf springs. Look for oil leaks. Make sure the baffles in the tank are intact. Where’s their insurance? They got their DOT logistics all legit?. Issue an emergency ordinance ASAP no pumping from any natural water source by private entities unless affiliated with a currently active Cal Fire response . At the end of the day it’s a lot more than “just” stealing water.
And the laws will be changing soon, as the fires and the drought continue. It’s easy to change a law. Suggest it to one of your lawmakers now, before the shooting war for water begins.
But you basically pointed out that nothing is legal. It becomes easier to justify cheating when rules become overwhelming, or unfair. The water board is an example of an agency that got carried away with their perceived power over pot growers, and left behind their mission of quantifying, and regulating water withdraws fairly for EVERY Californian. Pot growing is politically vulnerable, so the WB feels like politically they can get away with whatever. Water rules were created without the understanding by regulators that there are water systems not run by an agency, but by private homesteaders. If you are not born knowing their rules, you will likely be in violation of some of them. If you don’t act on your innate knowledge you will break a rule. There was never any outreach past a segment on the KMUD news in 2013. ( Listening to KMUD news is not mandatory, or universal)If the Waterboarders actually wanted to quantify water use in CA, they could have, using each County’s records, eliminate every address within a CSD, or entity providing water, then send a letter explaining the regs to every address left.
If people can not self control the water use, then meters will have to placed on each well to monitor the water being pumped.
Humans are not a self-control type of bug.
Call the Water Board! Report yourself. You will need a meter on your Domestic Withdrawal. You should have KNOWN this!
Why grab the water in middle of day? So lazy and besides cyclic flows are higher in very late night. That’s the best time to divert.
I have been fighting the water thieves for years. The turnout mentioned on Muir Mill road gives access to deep pools where the steelhead fry shelter. They are simply hoovered up by the water wing nuts. Last year, the river survey located zero fish in those headwaters, first time for everything I guess.
Ummm- what is a salmonoid?
Could you be trying to say salmonid?
Here.
Tomato Tomato!
Happens here around Rio Dell and east of Arcata and Orick. I see water trucks with the tell tail gas pumps tied to the rear of the tanks. I would think local authorities could follow the trucks with pumps to what I am betting are grow sites. Or at least call in to the county so someone can determine thier destinations.