Special Water Supply Edition: California Environmental Law & Policy Update 1.12.24

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Water managers across drought-stricken West start negotiations in Las Vegas

Bullet Source New Mexico - December 19

Top water officials for the seven Colorado River Basin states met in December 2023 at the Colorado River Water Users Association conference to resume negotiating a new compromise for how they will share — and cut back on — water use after 2026. States will begin drafting their proposals by March of 2024 before finalizing a new agreement by the 2026 deadline. Water conservation agreements signed in 2023 between the federal government, states, including California, and tribes will conserve more than 1.5 million acre feet through 2026. Still, hydrologists say climate change will require more cuts to water use in the west in order to stabilize the river in the long-term.


News

California snowpack only a quarter of average to start 2024

Bullet Jefferson Public Radio – January 4

Researchers conducting the first snow survey of the year at Phillips Station near Lake Tahoe last Tuesday reported only 30% of this month’s average snowpack at the site. It’s a stark contrast to where the state was at last year, which saw extraordinarily high levels of precipitation in California. However, Sean de Guzman, manager of the snow surveys program for California’s Department of Water Resources (DWR) said it’s still too early to say if this winter will be a wet or dry one.


California’s proposed water conservation rules too stringent and costly, Legislative Analyst’s Office says

Bullet CalMatters – January 4

California’s legislative advisors on January 4 lambasted the state’s ambitious proposal to regulate urban water conservation, calling the measures costly and difficult to achieve, “in many cases without compelling justifications.” The proposed rules, unveiled in August 2023, call for more than 400 cities and other water suppliers serving about 95% of Californians to meet conservation targets beginning in 2025. The state Legislative Analyst’s Office suggested significant changes to the State Water Resources Control Board’s proposal.


California approves Delta Tunnel project despite strong opposition from environmentalists

Bullet The Stockton Record – December 22

California’s DWR approved the controversial Delta Conveyance Project — also known as the Delta Tunnel — on December 21. The 45-mile-long tunnel, to be built beneath the Sacramento-San Joaquin River Delta, would pipe water from the Sacramento River, bypassing the Delta, and redirect it into the Bethany Reservoir on the California Aqueduct. That water would then be delivered to Southern California. DWR will now pursue numerous state and federal permits or authorizations for the project.


California water district loses appeal to state Supreme Court

Bullet E&E News – December 1

The California Supreme Court rejected an appeal by the nation’s largest agricultural district in its bid for a permanent water contract with the Bureau of Reclamation. The court on November 29 denied a request from the Westlands Water District to reverse a series of lower court rulings refusing to validate the contract, a decision that opponents of the deal said will leave the district with little choice but to rely on temporary agreements. A coalition of Native Americans, commercial and recreational fishermen, scientists, and conservation groups opposed the contract, saying there needs to be more scrutiny about use of water in California, as well as attention to impacts on fisheries.


Los Angeles County aims to boost local water supply and rely less on expensive, faraway sources

Bullet Los Angeles Daily News – December 5

The Los Angeles County Board of Supervisors adopted a “water plan” on December 5 in an effort to bolster local water supplies and reduce reliance on more costly imported water. The board also adopted a motion outlining a series of steps aimed at meeting the plan’s objectives — in part by bolstering stormwater-capture efforts, recycling, and other conservation strategies, with a goal of increasing the local water supply by 600,000 acre-feet by 2045.


Colorado drought task force can’t agree on conservation program recommendations

Bullet Steamboat Pilot & Today – December 25

A Colorado task force has failed to make recommendations to lawmakers about the primary issue they were supposed to tackle: how to address drought in the Colorado River Basin and respond to a downstream call through water conservation programs. Senate Bill 295 created the 17-member Colorado River Drought Task Force in 2023, with representatives from Western Slope water users, Front Range water providers, local governments, the state Department of Natural Resources, environmental groups, and tribal leaders.


Developers want water policy changes in response to construction limits on metro Phoenix’s fringes

Bullet Associated Press – December 22

The Home Builders Association of Central Arizona plans to seek changes to Arizona’s decades-old laws restricting construction in areas without adequate water supplies after the state said this summer that it won’t issue permits for new subdivisions in some areas on metro Phoenix’s fringes. The group says provisions of the state’s 1980 Groundwater Act and related laws don’t recognize what homebuilders have been doing to ensure their new developments don’t have a net negative effect on the supply of water.


New Mexico to invest $500M in first-of-its-kind strategic water supply build-out

Bullet The Hill – December 5

New Mexico will invest $500 million in securing a first-of-its-kind strategic water supply to bolster drought resilience and clean energy production. To build up this reserve, the state intends to purchase treated brackish water — naturally occurring, somewhat salty water — and produced water, generated as a byproduct of fossil fuel extraction. The supply will help expedite the national power sector’s shift to renewables by providing resources for water-intensive processes, according to an announcement from the governor’s office.


How America's diet is feeding the groundwater crisis

Bullet The New York Times – December 24

America’s striking dietary shift in recent decades, toward far more chicken and cheese, has not only contributed to concerns about American health but has taken a major, undocumented toll on underground water supplies. The effects are being felt in key agricultural regions nationwide as farmers have drained groundwater to grow animal feed. Most of America’s irrigated farmland grows crops that don’t directly feed humans but instead are used to feed animals or to produce ethanol for fuel. And most of that irrigation water comes from aquifers.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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