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State Water Boards

Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

Nossaman LLP

California Direct Potable Reuse Regulations Approved

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On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more

Allen Matkins

California Water Board Adopts Direct Potable Reuse Regulations to Increase Water Supply - 2024 Land Use, Environmental & Natural...

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California Governor Gavin Newsom’s recent executive order, calling on state agencies to create a comprehensive Water Resilience Portfolio, has set goals for recycling at least 800,000 acre-feet of water per year by 2030 and...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Downey Brand LLP

Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the...

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Introduction - On March 15, 2024, the Sacramento County Superior Court found that the State Water Board’s substitute environmental document did not violate the Porter-Cologne Act, the California Environmental Quality Act...more

Nossaman LLP

State Water Board Updates the “Make Conservation a California Way of Life” Framework, but are the Changes Enough?

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On March 12, 2024, the State Water Resources Control Board (State Water Board) announced updates to the “Make Conservation a California Way of Life” framework that is based on SB 606 and AB 1668 from 2018. The changes seek to...more

Nossaman LLP

LAO Issues Report Criticizing the “Make Conservation a California Way of Life” Framework – Are Changes Coming?

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On January 4, 2024, the Legislative Analyst's Office (LAO) issued its statutorily-mandated report – “Assessing Early Implementation of Urban Water Use Efficiency Requirements” – analyzing the implementation of the “Make...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Allen Matkins

California Environmental Law & Policy Update 8.18.23

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The U.S. Environmental Protection Agency (EPA) announced last week that it would investigate the California State Water Resources Control Board (Board) after some Native American tribes and environmental groups complained the...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

Allen Matkins

California Environmental Law & Policy Update 7.21.23

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The California State Water Resources Control Board (SWRCB) is accepting public comment through July 28 on new recommendations to expedite permits for seawater desalination plants in the state....more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Brownstein Hyatt Farber Schreck

Brownstein Scores Big Win in Historic Case Affecting All Water Users in California

Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Allen Matkins

California Environmental Law & Policy Update - 2.17.23 #3

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Facing an onslaught of criticism that water was “wasted” during January storms, Governor Gavin Newsom on Monday issued an executive order authorizing the State Water Resources Control Board (SWRCB) to “consider modifying”...more

Downey Brand LLP

State Water Board Adopts New Sanitary Sewer Systems Waste Discharge Requirements

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After nearly four years of negotiations, the California State Water Resources Control Board (State Water Board) considered and unanimously adopted the Statewide Sanitary Sewer Systems General Waste Discharge Requirements...more

Stoel Rives - Environmental Law Blog

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

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Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Allen Matkins

Special Drought Edition: California Environmental Law & Policy Update - June 2022

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As severe drought conditions continue across the western U.S., Allen Matkins will begin publishing a quarterly newsletter focused on recent legal, regulatory, and policy issues impacting water users and suppliers in...more

Downey Brand LLP

State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed

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On March 21, 2022, the State Water Resources Control Board (“State Water Board” or “Board”) issued a letter to approximately 20,000 water rights holders warning them curtailment orders are imminent due to continued drought...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #4

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California adopts emergency water conservation regulations Bullet Los Angeles Times - May 24 The State Water Resources Control Board on Tuesday voted to adopt emergency drought rules that increase conservation requirements...more

Downey Brand LLP

California Steps Up Its Investigations and Permitting of PFAS

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The State Water Resources Control Board (State Water Board) recently updated the regulated community and the public on the Board’s statewide investigation to study and sample potential sources of per- and polyfluoroalkyl...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

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The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Brownstein Hyatt Farber Schreck

California Steps Up Water Conservation Measures, Stops Short of Statewide Mandate

On March 28, 2022, Gov. Gavin Newsom signed Executive Order N-7-22, escalating prior water conservation efforts as the majority of California remains under “extreme drought” conditions. The executive order has significant...more

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