The thought of state regulators showing up unannounced at night while farmers are racing to protect against frost damage isn't sitting well this week along the Russian River.
But based on letters they received this week from the state Water Resources Control Board, that's a real possibility for farmers with Russian River frost diversion permits.
"I think it's a bad idea for them to be wandering about in the nighttime in unfamiliar territory in the middle of an operation," said Al White, viticulturist for La Ribera vineyards south of Ukiah.
"It's a major liability issue."
White and other farmers were notified of visits by state and federal fish and water agency officials planned for April and May. Many are now exploring their options.
"My office has been full since Monday," said Devon Jones, executive director of the Mendocino County Farm Bureau.
About 215 permits exist for such diversions in Sonoma and Mendocino counties, Jones said, but some farmers hold more than one permit.
The inspections aim to prevent farmers from endangering fish by taking too much water from the river at once, which occurred in 2008 and 2009.
Since then, state regulators and farmers have been working out a plan to avoid recurrences.
Meanwhile, farmers have taken steps to avoid problems, including increasing water storage and improving coordination of their water use.
They expected stepped up regulatory inspections, but not unannounced and at night.
That's not "reasonable access," which is required of permit holders, Jones said. "To us it's dangerous."
State regulators say frost is unpredictable and generally occurs in the early morning hours, so it's not practical to plan the inspections ahead of time or do them during the day.
"Talk to Mother Nature about that. We are not in control of frost," said Water Resources Control Board spokesman Bill Rukeyser.
In addition to protecting fish, the inspections are intended to let farmers demonstrate their ability to regulate themselves, to identify unauthorized water diversions and to identify sections of stream that may need more monitoring, officials said.
Rukeyser said the letter was intended to notify farmers about the agency's plan and to find out whether there were objections. It directs farmers who plan to withhold access to their property to contact the office.
He said he doesn't know what would happen to farmers who lock their gates to bar the regulators.
"The various agencies involved will consider their options," Rukeyser said.
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