Kathryn Horning

Kathryn Horning

Allen Matkins Leck Gamble Mallory & Natsis LLP

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Progressively Tiered Water Rates to Promote Conservation May Violate Proposition 218

California's local water suppliers, hit with reduction requirements varying from 8% to 36% and potential penalties of up to $10,000 per day for noncompliance, are scrambling to figure out how to comply with these severe...more

4/22/2015 - Emergency Response Executive Orders Jerry Brown Proposition 218 Water Conservation Water Supplies

State Water Board Releases Proposed Emergency Regulations Imposing Strict Reductions in Water Use

In the wake of Governor Jerry Brown's April 1, 2015 Executive Order to reduce potable water use by 25% from 2013 levels, on April 18, 2015, the State Water Resources Control Board released its proposed text of emergency...more

4/21/2015

Governor Brown Issues Executive Order Requiring Statewide Mandatory Water Restrictions

Responding to severely depleted water supplies and a record low snowpack at just 5% of historical averages, on April 1, 2015, Governor Edmund G. Brown Jr. issued an Executive Order, effective immediately, ordering mandatory...more

4/3/2015 - Drought Emergency Response Executive Orders Jerry Brown Water Water Conservation

State Water Board Significantly Expands Scope of Authority to Investigate Water Rights

As widely anticipated, on March 17, 2015, the State Water Resources Control Board approved a resolution to impose state-wide mandatory water conservation measures, including restricting the number of days that irrigation of...more

3/20/2015 - Administrative Authority Emergency Response New Regulations Water Conservation Water Resources Control Board

State Water Board Launches Investigation Into Claims of Senior Water Rights

Action Required - Parties identified on Attachment A of the State Water Board's Order must provide the requested information no later than March 6, 2015, or face potential enforcement actions. ...more

2/10/2015 - Riparian Rights Water Rights

City of San Diego's Settlement Over Alleged MS4 Permit Violations Results in Crackdown on Out-Of-Compliance Projects

On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more

8/26/2014 - Environmental Policies Storm Water Water Water Quality Control Boards Water Supplies

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

7/2/2014 - Appropriation Drought Inland Waterways Permits Public Trust Doctrine Riparian Rights Utilities Sector Water Water Resources Control Board Water Rights Water Supplies Watershed

It's Final—State Water Board Adopts New Industrial General Permit for Storm Water Discharges

On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated...more

4/14/2014

California State Water Board Issues New Draft Industrial Storm Water Permit

On July 19, 2013, the California State Water Resources Control Board released its long-awaited 2013 Draft NPDES Permit for the Discharge of Storm Water Associated With Industrial Activities (the "Draft Industrial General...more

8/2/2013 - Clean Water Act Enforcement NPDES Permits State Water Project Storm Water Water

US Supreme Court Limits Governmental Power to Impose Conditions on New Development

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

6/27/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

Court Upholds Validity of Landmark Water Transfer Agreement Providing Greater Certainty to California's Water Supply

On June 4, 2013, the Sacramento County Superior Court issued its much-anticipated ruling in the QSA Coordinated Civil Cases, upholding the validity of the historic Quantification Settlement Agreement and related agreements...more

6/13/2013 - CEQA Water Water Rights

Commercial and Residential Developers, Builders and Landlords Face New Storm Water Regulations

On May 8, 2013, the San Diego Regional Water Quality Control Board approved a new municipal separate storm sewer system (MS4) permit that will have far-reaching impacts on both new development projects and existing facilities...more

5/22/2013 - Discharge of Pollutants Land Developers Landlords Permits Storm Water

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