In a sure sign that the cap and trade philosophy of elected officials from coast to coast has finally toppled in California, a federal judge has rejected Gov. Jerry Brown’s proposal to slash the state’s water supply.

In August, the state asked the court to order an unprecedented cutback in water use — with California public utilities as a group agreeing to cut 25% — in order to compensate for a shortage of water because of the state’s ongoing drought. The last two years have seen the driest year in California since record-keeping began 100 years ago.

In his ruling, released Tuesday, Judge Yvonne Gonzalez Rogers took issue with the governor’s premise that allowing growth in California has been without deleterious effects to the state’s existing water resources. Rather, Rogers said there has been no negative development of the water supply over the last 150 years, and further restrictions on public water supplies may force some Californians to migrate.

“The science of the water crisis in California is clear: it cannot be addressed without strong regulatory and policy responses,” Rogers wrote.