The first appellate court to consider a case regarding California’s curtailments of senior water rights held that the State Water Resources Control Board (“State Water Board” or “Board”) lacked authority under Water Code section 1052(a) to curtail pre-1914 water rights based on the unavailability of water for use under such rights. The curtailment cases began […]
Stanford Vina Ranch Irrigation Company v. State of California, (2020) WL 3396269 On June 18, 2020, the Third District Court of Appeal affirmed the State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate reasonable use of riparian and pre-1914 appropriative surface water rights through curtailment orders enforcing emergency regulations establishing minimum […]
Starting in January 2024, cities, counties, and special districts face new requirements for notifying the public about their project approvals under the California Environmental Quality Act (“CEQA”). Under SB-69, in addition to filing a Notice of Determination (“NOD”) or Notice of Exemption (“NOE”) with the county clerk of each county where the project is located […]
With two groundwater sustainability agencies (“GSAs”) competing for power to regulate intake wells for a hotly contested desalination plant proposed on Monterey Bay, an appellate court has embraced the preservation of local groundwater management authority as a touchstone for resolving disputes over the implementation of California’s Sustainable Groundwater Management Act (“SGMA”). On November 13, 2023, […]
On October 30, 2023, the Kern County Superior Court preliminarily enjoined the City of Bakersfield (“City”) from operating six Kern River weirs in a way that reduces flows below the amount sufficient to keep downstream fish in “good condition.” The ruling in Bring Back the Kern et al. v. City of Bakersfield (BCV-22-103220) seems likely […]
The State Water Resources Control Board recently posted updated forms for notifying the State Water Board about changes in ownership and contact information and associated with water rights. The forms were updated to conform to new regulations the State Water Board adopted earlier this year that outlines how water right owners or diverters must notify […]
A new definition of “waters of the United States” (“WOTUS”) will help drive the regulatory reach of the Federal Water Pollution Control Act, or Clean Water Act (“CWA”), starting March 20, 2023. The term WOTUS is used to determine the extent to which the CWA applies to different types of water bodies, such as rivers, […]
When Congress authorizes construction of a federal water project, the authorizing statute typically specifies the purposes for the project, such as irrigation or flood control. In considering whether agencies have the discretion to operate the Twitchell Dam on the Cuyama River so as to avoid take of fish listed under the federal Endangered Species Act […]
As California struggles with how to manage a future with less water, the Newsom Administration released its latest plans to conserve and develop more water supplies. “California’s Water Supply Strategy: Adapting to a Hotter, Drier Future” (August 2022) (“Strategy”) outlines four of California’s updated statewide priorities: Develop new water supplies; expand water storage capacity; reduce […]
Many water suppliers throughout California employ a "tiered" rate system. Under these systems, the cost of each unit of water increases as a customer’s usage increases. In Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano (April 20, 2015) ____ Cal.App.4th ____ the Court of Appeal declared that, while a tiered rate structure can […]