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October 14, 2022

California’s agricultural production is as large as Texas and Iowa combined. The state’s Mediterranean climate and fertile valleys help make it the fifth largest supplier of food and fiber in the world. It all depends on water.

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Most of the state’s crops rely on irrigation as opposed to rain. Irrigation is regulated by a system of water rights held by public and private parties. Notice these are “rights” and not “privileges.” The exercise of these rights to bring about beneficial uses of water such as growing food is a complicated area of law and policy.

History proves that giving the government control over the food supply is usually a recipe for famine. Still, there are many environmental and so-called social justice organizations that would like to move all the privately held water rights to state control. One way to do so is by influencing state water rights agencies through Critical Race Theory.

California’s State Water Resources Control Board, (AKA the State Board), has released a draft of its Racial Equity Action Plan and is soliciting public comments. The board is one of the more powerful of California’s bureaucracies. Members are appointed by the governor and according to its website, “…the five-member State Water Board allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Quality Control Boards.”

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According to Executive Director Eileen Sobeck, “There could not be a more critical challenge facing us at this time than the challenge of achieving racial equity,” demonstrates the Board’s priorities in this time of major drought.

The word “equity” as used by Sobeck is not synonymous to equality, but reflects the thinking found in Critical Race Theory, which divides people according to their skin color as oppressors or oppressed. CRT is a development of the cultural Marxism originated at the Institute for Social Research (Institut für Sozialforschung), or Frankfurt School, that swaps out race for the economics emphasized in standard Marxist theory.

On November 16th, 2021 the State Board adopted Resolution No. 2021-0050 “Condemning Racism, Xenophobia, Bigotry, and Racial Injustice and Strengthening Commitment to Racial Equity, Diversity, Inclusion, Access, and Anti-Racism.” The resolution cites Black Lives Matter as inspiration and is packed with language like this: “California’s water rights system has been built on racism perpetuated by White Supremacy.”

The resolution goes on: “White supremacy is a systemically and institutionally perpetuated system of exploitation and oppression of nations and peoples of color by white people for the purpose of maintaining and defending a system of wealth, power and privilege.” Citing murders of non-whites by whites, the resolution calls for development of a Racial Equity Action Plan.

This raises questions. Should the State Water Board be drawing inspiration from the largely discredited and openly Marxist Black Lives Matter as a source of policy?

We’re in a drought. The State Board just got slapped by the 6th District Court for overreaching its authority on water rights. The California Auditor has a scathing report on the board’s handling of grant fund accountability. Is racial equity really the critical challenge facing the board?