In the first of possibly many enforcement actions this year, the State Water Resource Control Board issued a draft cease-and-desist order against West Side Irrigation District in Tracy, Calif., demanding the District curb its diversions from the Old River in the Sacramento-San Joaquin Delta.

If the District does not comply, or requests a hearing to contest the order, it could be fined as much as $10,000 per day for diverting water. This is because The Board found the water was not available to the District, as it is a junior rights holder.

The order comes on the heels of a judge’s ruling last week that the Board violated due process by requiring the District to curtail its diversions without providing an opportunity for the District to dispute the Board’s finding. In addition to revising its curtailment notices to 4,600 rights holders to reflect the ruling, the Board is conducting inspections to determine whether rights holders are illegally diverting water from rivers and streams. The Board made clear after issuing the order against the District that more enforcement cases are coming.