For years, Cadiz, Inc. operated in a regulatory corrupt "gray area," using
a local water district in Orange County to approve its environmental
reports. That changed in 2019 with the passage of California
Senate Bill 307 (SB 307).
If you want to know one of the reasons why water won't be flowing to
Newberry Springs anytime soon, and likely never, you need to understand
this "Death Blow" legislation.
1. The End of "Self-Grading"
Before SB 307, Cadiz could rely on its own paid consultants to tell
the state that pumping wouldn't hurt the desert. SB 307 stripped them
of that power. It mandates that the California State Lands
Commission must conduct its own independent scientific review.
2. The USGS "Gold Standard"
The law specifically requires the state to consult with the California
Department of Fish and Wildlife and look at the best available science.
This puts the U.S. Geological Survey (USGS) data front
and center.
| The Cadiz Claim |
The USGS Reality |
| "We have 32,000 acre-feet of recharge." |
"There is only 2,000 to 10,000 acre-feet." |
Under SB 307, the state cannot ignore the USGS's much lower numbers.
If the state finds that the project will cause any adverse impact to
natural or cultural resources, the project cannot proceed.
3. The "Springs Protection" Trigger
SB 307 focuses heavily on desert springs. Because federal and state
scientists believe the Fenner Basin is hydrologically connected to
Bonanza Spring, the project faces an impossible hurdle. To get a permit,
Cadiz must prove a negative: they must prove that pumping
will not lower the water level of those springs.
4. Why this leads to my "2040 or Never"
The SB 307 review is not a quick "rubber stamp" process. It involves:
- New Field Studies: The state may require years of
new monitoring wells to settle the dispute between Cadiz and the USGS.
- Public Comment: A massive, transparent process where
every discrepancy in Cadiz's data will be picked apart.
- Legal Challenges: No matter the outcome, the results
of an SB 307 review will almost certainly be tied up in the courts for
another decade.
The Bottom Line
Susan Kennedy's marketing pitch at the Chamber's church meeting ignored
the existence of SB 307 for a reason: The law was written specifically
to stop projects exactly like this one.
By the time the state finishes its "independent" look at the science,
the Northern Pipeline will be a distant memory.
