Mendocino County judge tosses out state's frost-protection rules

A Mendocino County judge on Wednesday overturned controversial state water rules designed to regulate how grape growers in Sonoma and Mendocino counties divert water from the Russian River.

Superior Court Judge Ann Moorman declared the law to be "constitutionally void" and "invalid."

"There is not substantial evidence in the record to show the regulation, as enacted, is necessary," she said.

The regulations were aimed at preventing endangered and threatened fish from becoming stranded and dying when farmers take water from the river to protect their crops from frost. Grape growers spray water on the vines to form a protective shield of ice when temperatures fall below freezing

Moorman said the state Water Resources Control Board failed to do its homework before adopting the regulations. They lacked scientific basis, infringed on water rights and wrongly required farmers to gather information and create regulations themselves at great expense.

She also said the regulations were too sweeping and general, failing to take into consideration different conditions in the watershed and applying the rules to all farmers, regardless of whether they drew water directly from streams.

Although the regulations would not have banned the use of river water for frost protection, the judge warned of economic devastation.

"Without water to frost protect, complete crop loss due to frost damage would be far more prevalent in certain areas of Sonoma County and much of Mendocino County," Moorman wrote. "Crop failure due to frost damage has measurable and potentially catastrophic economic consequences to the individual farmer, employees and county revenues."

Sonoma and Mendocino county farmers and their advocates lauded the decision, which affects hundreds of farmers along more than 1,700 miles of streams in the Russian River watershed.

"A lot of us are just tired of government intruding on our property rights," said Duff Bevill, founder of Bevill Vineyards Management near Healdsburg. The judge "recognized that it was an overreach on the state's part, he said."

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