Appel

Frederick John Appel was charged with knowingly discharging pollutants into the waters of the United States between May 10, 1992, and December 23, 1994. (Wat. Code, § 13387, subd. (a)(4).) A jury found him guilty.

On appeal he contends that his conviction was unconstitutional to the extent that it relied on acts occurring prior to an April of 1994 jurisdictional determination; that federal law provides for no criminal penalties and preempts California law; that he was denied due process because he had no prior opportunity to challenge the jurisdictional determination; that the trial court erred in refusing to allow him to apply the “converted cropland” exception as a defense; and that he was denied due process by the prosecution’s failure to bring the charge until after floods washed away evidence. We affirm.

Facts

Appel owns a parcel of property of approximately 30 acres. The Ventura River runs through the center of the property and also at its western boundary. San Antonio Creek comes through a comer of the property and empties into the Ventura River. The Ventura River is typical of Southern California rivers. It has a “braided” system of channels within a broad…