The governor has the power to use his executive authority and declare a state of emergency due to the impacts of climate change — from flooding to water shortages — under the California Emergency Services Act.¹Executive Department. State of California. “Proclamation of a State of Emergency.” October 19, 2021. Using his emergency powers, Governor Newsom could take bold action to rein in these abuses, including halting new tree nut and alfalfa production, stopping new factory farms, and declaring these uses not beneficial by suspending sections of the Water and Agriculture Codes.²FWW analysis of Ctr. for Envtl. Sci. v. Dep’t of Water Res., 2021 Cal. App. Unpub. LEXIS 653, *16, citing Cal. Gov. Code § 8571 (2020) (emphasis added); Filbrandt, Oliva. “Ebb and Flow: The Changing Powers of the State Water Resources Control Board in Times of Drought,” Vol. 41, Environs Environmental Law and Policy Journal. 2017 at 133 and 144; S.B. 104, 113th Sen., 2013-14 Reg. Sess. (Cal. 2014) at 1, 4, and 8. Additionally, the governor has the execu- tive authority to direct the California Geologic Energy Management Division (CalGEM) to use its authority to stop oil drilling and the construction of fossil fuel infrastructure.³FWW analysis of California Public Resources Code, §§ 3106(a) (2019); 3011(a) (2017); Beverly Oil Co. v. City of Los Angeles (1953) 40 Cal.2d 552, 558.

The declaration of a drought emergency empowers the State Water Resources Control Board to enact emergency regulations.⁴California Water Code §§§ 1058; 1058.5(a); 1058(a)(2); California Government Code § 8550 (2013). The SWRCB is the executive agency with the power to make decisions regarding the flow of water within California. It can define beneficial use and reasonable use, curtail wasteful uses of water, issue emergency regulations, and exercise authority over water allotments (rights).⁵Filbrandt (2017) at 133, 136 to 138, 145, 148, and 151; California Water Code §§ 1058; 1058.5(a); Stanford Vina Ranch Irrigation Co. v. State of California, 50 Cal. App. 5th 976. June 18, 2020 at 4 to 5. While the governor appoints the members of the board, it operates with a level of autonomy.⁶Cal. Water Code § 175(a) (2021); Executive Department. State of California. “Executive Order N-7-22.” March 28, 2022.

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