Groundwater Law

Is groundwater essential to your success?

Existing and future land development in some parts of California depends entirely on groundwater. Statewide, groundwater meets 40 percent of water needs in average years and up to 60 percent in critically dry years.

Government is tightening regulation of groundwater use in response to intensifying demand. The state’s new Sustainable Groundwater Management Act (“SGMA”) took effect January 1, 2015. The state has ranked 127 groundwater basins as high or medium priority under the Act. Cities, counties or water agencies in high- and medium-priority basins must adopt regulatory plans to correct or prevent groundwater overdraft. Depending on local circumstances, the plans might prohibit new wells, monitor and cut pumping, and impose fees. Starting in 2020, the state will review local plans to determine whether to impose more restrictive state pumping regulations.

Meanwhile, groundwater disputes are on the rise. Entire groundwater basins are being adjudicated to determine pumping rights that divide a basin’s safe yield among competing users. One pending environmental lawsuit seeks to prohibit local well-drilling permits unless surface streams are protected from effects of groundwater pumping. And groundwater impacts are receiving more attention during California Environmental Quality Act review.

Whether you face development of local groundwater regulations, a basinwide groundwater adjudication, or CEQA review of a project’s groundwater impacts, Kronick’s team of water lawyers has the experience and technical expertise to help you.

People

Publications

    Speaking Engagements

    04.11.2023

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    Speaking Engagement

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    California Tribal Water Summit

    Date

    April 11-13

    Location

    Sacramento

    Kronick is proud to sponsor the California Tribal Water Summit on April 11-13 in Sacramento. This is a convening of Tribal, State, and Federal leaders to discuss water issues and strategies towards watershed resilience of California’s sacred waters. Participants will help inform State water policy and advance issues of equity, access and incorporation of Tribal Ecological Knowledge in the California Water Plan. For general questions contact: TribalWaterSummit@water.ca.gov; to register please visit the event website.

    02.04.2023

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    Speaking Engagement

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    19th Annual California Water Law Symposium

    Date:

    Saturday, February 4th

    Location:

    University of the Pacific, McGeorge School of Law

    Kronick is pleased to sponsor the 19th Annual California Water Law Symposium, “Diverse Needs: Species Protection and Water Supply.” Participating schools include Golden Gate University School of Law, Stanford Law School, UC Berkeley School of Law, UC Davis School of Law, UC College of the Law, San Francisco, and the University of San Francisco School of Law. Partnering schools will each host a panel consisting of prestigious speakers and practitioners within the field of water law discussing various topics like hydropower, agriculture, indigenous peoples, and innovation in the reconciliation between water supply and species protection. Kronick attorney Kaitlin Harr will moderate the panel discussion about “Innovations in Accommodating Water Supply and Species Protection.”

    For more information and to register, please visit the event website.

    07.29.2022

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    Speaking Engagement

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    Groundwater Sustainability Implementation in California

    Date

    July 28-29

    Location

    Virtual

    Kronick Shareholders Eric Robinson and Holly Roberson will present at the virtual Groundwater Sustainability Implementation in California conference. Eric will provide opening remarks as Program Co-Chair as well as participate in the discussion “Lessons for Water Masters from Implementation of Existing Pre and Post SGMA Adjudications.” Holly will discuss “Sovereign-to-Sovereign Tribal Consultation During the Implementation Phase for GSPs.” For more information or to register, please visit the event website.

    05.04.2022

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    Speaking Engagement

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    Water Law Update or Revolution?

    DATE

    May 4

    LOCATION

    Sacramento, CA

    OVERVIEW

    Kronick is pleased to once again sponsor the Association of California Water Agencies (ACWA) 2022 Spring Conference. Shareholder Eric Robinson will participate in a panel discussion about a water policy reformer group that has proposed “updating” California water laws to address drought and climate change. The proposal recommends 11 water law changes, including Funding the State Water Resources Control Board to “verify” riparian and pre-1914 appropriative water rights; funding underrepresented groups to participate in water rights and water quality proceedings; empowering the SWRCB to initiate comprehensive surface water rights adjudications encompassing interconnected groundwater rights; deploying real-time surface water diversion and use monitoring and reporting; adopting an updated Bay-Delta Water Quality Control Plan before 2024; adopting a regulation specifying how water users will meet water quality objectives of the Bay-Delta WQCP, and other proposals. The report has received extensive attention from California’s water community and resulted in multiple pieces of legislation. A variety of stakeholders will discuss the report and what the recommendations would mean for water management in California.

    For more information and to register, please visit the event website.

    11.05.2021

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    Speaking Engagement

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    Groundwater Sustainability Implementation in California

    Date

    November 4-5

    Location

    Virtual

    Kronick Shareholders Eric Robinson and Holly Roberson will present at the virtual Groundwater Sustainability Implementation in California conference. Eric will provide opening remarks as Program Co-Chair as well as participate in a discussion about “Groundwater Shortages: Managing the Tension Between Allocations, Production Rampdowns, and Water Right Claims by Competing Pumpers.” Holly will discuss “Sovereign-to-Sovereign Tribal Consultation Issues and Environmental/Economic Justice Considerations in Development of GSPs.” For more information or to register, please visit the event website.

    10.19.2020

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    Speaking Engagement

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    Tribal Water in California

    DATE

    October 19 & 20

    LOCATION

    Virtual

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Holly Roberson will provide an update on the State implementation of the Sustainable Groundwater Management Act (SGMA) and the impact on Tribes and discuss the basics of Tribal Consultations, such as when federal agencies are involved and the most effective approaches from a best practice standpoint.

    07.29.2020

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    Speaking Engagement

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    Water Infrastructure Projects

    DATE

    July 29

    LOCATION

    Webinar

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Scott Morris will discuss the interplay among the Sustainable Groundwater Management Act (SGMA), regulatory structure for water utilities, and a review of NEPA/CEQA – the resulting legal, technical, and environmental justice issues.

    07.16.2020

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    Speaking Engagement

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    The Need for Consultation with Tribal Governments as Sovereign Nations in GSP Development and Tips for Reaching Win-Win Solutions

    DATE

    July 16 & 17

    LOCATION

    Virtual Meeting via Zoom

    OVERVIEW

    At the upcoming Law Seminars International seminar, Kronick Shareholder Holly Roberson will discuss federally reserved rights as senior rights; consultation requirements and how they differ from stakeholder participation; addressing Tribal concerns about sharing pumping and aquifer management data; tips for effective consultation and reaching solutions.

    12.04.2019

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    Speaking Engagement

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    Groundwater Production Allocations Under SGMA

    DATE

    December 4

    LOCATION

    San Diego, CA

    Overview

    Kronick is pleased to again sponsor the Association of California Water Agencies (ACWA) Fall Conference in San Diego. Shareholder and Practice Group Manager of Kronick’s Natural Resources Group, Eric Robinson will participate in a panel discussion regarding groundwater production allocations under SGMA. As Groundwater Sustainability Agencies (GSAs) prepare their plans to meet the Sustainable Groundwater Management Act’s (SGMA) requirements, they may need to utilize a variety of tools to achieve sustainability. For groundwater basins in overdraft, production allocations may be a vital tool for the GSAs. However, SGMA explicitly states that it does not alter water rights, which means the GSAs have to carefully navigate between the confines of water rights and SGMA requirements in developing and implementing their groundwater sustainability plans (GSPs). This program will explain the legal framework, different types of groundwater rights, lessons learned from existing groundwater production allocation programs, potential pitfalls and practical approaches to developing a GSP with production allocations as a component to reaching sustainability goals.

    07.25.2019

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE

    July 25 & 26, 2019

    LOCATION

    Sacramento, CA

    Overview

    Kronick attorneys Eric Robinson, Holly Roberson and Constantine Baranoff will present at the Sustainable Groundwater in California conference in Sacramento. Eric will provide opening remarks as Program Co-Chair as well as participate in a discussion about conjunctive management of groundwater interconnected with surface streams as a practical approach for achieving resilient and sustainable water supplies. Constantine’s presentation will discuss propositions 26 and 218 and other constraints, tips for identifying the optimal funding structures for initial GSP development and GSP implementation activities. Holly will discuss federally reserved water rights; consultation requirements; effective consultation; reasons why Tribes may be reluctant to participate in a GSA or share pumping and aquifer management data; confidentiality; practical tips for addressing those concerns. For more information or to register, please visit the event website.

    06.20.2019

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    Speaking Engagement

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    The Public Trust Doctrine: Expanding or Contracting?

    DATE

    June 20-21

    LOCATION

    Omni Hotel, San Francisco

     

    OVERVIEW

    Kronick is pleased to again sponsor the annual California Water Law & Policy conference on June 20-21, 2019 in San Francisco. Shareholder Daniel O’Hanlon will participate in a panel discussion about lack of trust in Public Agencies, is it “An Emerging Litigation Trend to Challenge Agency Decisions?” Kronick can offer friends of the firm a $100 discount off the regular tuition pricing upon entering the code: “Friend of Kronick Moskovitz” when registering here.

    REGISTRATION

    Please visit the event website for more information.

    02.07.2019

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    Speaking Engagement

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    Legal and Institutional Management Framework

    DATE: Thursday, February 7

    ORGANIZED BY:

    Water Education Foundation

    PROGRAM OVERVIEW:

    Kronick attorney Holly Roberson will be presenting on “Legal and Institutional Management Framework ” at Water 101 Workshop on February 7 at McGeorge. The workshop covers the history, geography, legal and political facets of water in California as well as hot topics currently facing the state. Holly will cover include:

    Water Management Institutions

    • California Department of Water Resources/State Water Project
    • State Water Resources Control Board/Regional Water Quality Control Boards
    • Bureau of Reclamation/Central Valley Project
    • Fish and Wildlife Resource Agencies
    • Delta Stewardship Council
    • California Water Commission
    • Delta Conservancy
    • Regional and Local Water Districts
    • CPUC-regulated Water Districts

    Summary of Governing Laws

    • Clean Water Act
    • Safe Drinking Water Act
    • Porter-Cologne Water Quality Control Act
    • Endangered Species Acts – State and Federal
    • Environmental Review Laws – State and Federal
    • Delta Reform Act

    REGISTRATION:

    Please visit the event website for more information.

    07.27.2018

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    Speaking Engagement

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    Sustainable Groundwater Planning in California

    DATE:

    July 26-27, 2018

     

    LOCATION:

    Sacramento, CA

    Organized By:

    Law Seminars International (LSI)

    Program Overview:

    Kronick attorneys Scott Morris, Jonathan Christy and Holly Roberson will present at the Sustainable Groundwater Planning conference in Sacramento on July 26-27.

    Scott will provide opening remarks as Program Co-Chair and participate in a panel discussion about “Cross-Boundary Flows and Basin Coordination” discussing the legal issues around coordination challenges and issues (a) within a groundwater basin, (b) with adjacent basins, and (c) when an adjacent basin is on the critical list and yours is not; essential terms for coordinating agreements.

    Jonathan’s presentation will discuss financing options and strategies for GSA/GSP and what GSP developers and stakeholders need to know about constraints and viable pathways.

    Holly’s panel will discuss legal parameters for working with Tribes as sovereigns, including requirements for Tribal consultation.

    Registration:

    Please visit the event website for more information and to register.