State Water Project

News & Analysis as of

Two petitions filed seeking Supreme Court review of Ninth Circuit decision in Delta smelt case

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological...more

District Court Denies Motion to Enjoin Delta Water Transfers

Last Friday, the U.S. District Court for the Eastern District of California denied a motion brought by environmental groups to enjoin a water transfer project in the Sacramento-San Joaquin River Delta (Delta). Plaintiffs...more

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

California Water Commission Working on Inventory of State Water Storage Projects

As chair of the California Water Commission, I spoke last week at the inaugural Delta Stewardship Council Interagency Implementation Committee on the actions the Commission has taken, in collaboration with ACWA and the Delta...more

Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency

Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for...more

Ninth Circuit Denies Petition for Rehearing of Area of Origin Decision

On October 15, 2013, the Ninth Circuit Court of Appeals issued an order denying the Petition for Rehearing filed by Tehama-Colusa Canal Authority (“TCCA”), which requested rehearing or rehearing en banc of the Ninth...more

DOGGR Delays Release of Draft Fracking Rules Pending Possible Instruction from Lawmakers

At a conference in Los Angeles at the end of July, the chair of the State Water Resources Control Board (SWRCB), Felicia Marcus, noted that the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources...more

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

California's State Water Project Needs to be More Efficient - BB&K Attorney Joseph Byrne Examines Why Increased Efficiency is Key...

Water in California sparks news headlines on nearly a daily basis. Much of the attention is focused on the Sacramento-San Joaquin Delta, a sprawling river delta and estuary wedged between Sacramento and Stockton that acts as...more

Court Grants Federal Government Additional Year To Issue New Biological Opinions For California Water Projects

On April 9, 2013, the United States District Court for the Eastern District of California ruled on a motion by the United States and the State of California to extend the period of time to issue new biological opinions...more

DWR Increases 2013 State Water Project Allocation to 40 Percent

The California Department of Water Resources (DWR), which had previously announced an initial State Water Project (SWP) contract allocation of 30 percent on November 29, 2012, increased that allocation on December 21, 2012 to...more

State Water Board Considering Revision of Receiving Water Limitations in Municipal Storm Water Permits

On November 20, the State Water Board held a workshop to hear stakeholder concerns with the current receiving water limitation (“RWL”) in municipal storm water permits. Municipal separate store sewer system (MS4) permittees...more

Department of Water Resources Announces Initial SWP Allocation for 2013

The California Department of Water Resources has announced an initial allocation of 30 percent of requested deliveries to State Water Project contractors in calendar year 2013. This is not the final SWP allocation and it is...more

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

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