Water Supplies

News & Analysis as of

California Environmental Law & Policy Update - August 2015 #4

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

OPR Releases Preliminary Discussion Draft of CEQA Guidelines Amendments for Public Comments

On August 11, 2015, the Governor's Office of Planning and Research (OPR) released a Preliminary Discussion Draft of Changes to the California Environmental Quality Act (CEQA) Guidelines (Preliminary Discussion Draft). The OPR...more

Did the 2015 Texas Legislature Help Oil and Gas?

Your Texas legislators have done their work and the citizens are safe for the next two years.  The other good news is that industry supporters generally believe the 2015 Legislature was their friend. House Bill 2: Set...more

California Environmental Law & Policy Update - August 2015

Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more

Feinstein Introduces the California Emergency Drought Relief Act

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

District Court Limits Nuisance Claims Against Chemical Manufacturer in Elk River Spill

Finding only public interests at issue from contamination of public drinking water supplies, a West Virginia federal court dismissed a private nuisance claim, but not a public nuisance claim against a chemical manufacturer. ...more

Water Conservation Pays off in California

Cities and communities throughout California logged impressive water savings during the month of June, according to the State Water Resources Control Board. Figures released Thursday show the use of urban potable water in...more

California Environmental Law & Policy Update - July 2015 #4

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against...more

Government Response to Drought Conditions in B.C. Creates Potential for Water Use Curtailment

On July 15, the British Columbia government announced a Level 4 drought rating for the South Coast and Lower Fraser areas of the province, which could lead to orders to temporarily reduce or cease water use and put rights...more

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and...more

The Impact of the California Drought on Water Agencies and Treatment Districts

Best Best & Krieger LLP water attorney and managing partner, Eric Garner and John Freshman, senior director of governmental affairs, recently attended a meeting of Southern California water suppliers and water treatment...more

EPA Releases Study of Hydraulic Fracturing’s Potential Impacts on Drinking Water

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released an external review draft of a report assessing the potential impacts of hydraulic fracturing on drinking water. The report, “Assessment of the Potential...more

California Environmental Law & Policy Update - June 2015 #4

Environmental and Policy Focus - Most water rights holders facing cuts miss state compliance deadline: Los Angeles Times - Jun 22: The majority of California growers, irrigation districts, and others who have been...more

California Water Suppliers Take Steps to Meet Conservation Standards

From restrictions on yard irrigation to public awareness campaigns, California’s water suppliers are using a variety of approaches to meet mandatory water cutbacks resulting from the drought. Here are some notable examples...more

Drought Bill To Combat Water Shortages Passes In California Legislature

Measure Would Allow Forced Consolidation Of Water Suppliers, Large Civil Fines - The California Legislature approved a budget bill that would grant the state authority to force water systems to consolidate to serve...more

To Curtail Or Not To Curtail…That Is the Question

On June 12, the State Water Board issued a notice of “unavailability of water” and the “need for immediate curtailment” from various water users holding pre-1914 water rights. Less than two weeks later on June 23, lawyers...more

Mutual Water Companies: A Water Supply Option for Multifamily and Residential Developments

With the ongoing drought in California, multifamily and residential subdivision developers who encounter difficulties in obtaining water service commitments for their projects from existing water suppliers may consider...more

California Environmental Law & Policy Update - June 2015 #2

Environmental and Policy Focus: Offshore oil drilling banned along new stretch of California coast - San Jose Mercury News - Jun 10: In the largest expansion of national marine sanctuaries in California in 23 years, the...more

Fracking Is Not One-Size-Fits-All, Which Is Good News for California When It Comes to Water

Hydraulic fracturing, also known as “fracking,” has come under scrutiny for its potential impacts on water, including the risks to water quality and the amount of water used in the practice. California’s new regulations on...more

California Environmental Law & Policy Update - May 2015 #4

Environmental and Policy Focus - Crews struggle to clean up oil spill near Santa Barbara: KQED - May 21: Crews will begin excavating the 24-inch pipeline that ruptured Tuesday, unleashing a flow of crude oil that has...more

State Board Issues Curtailment Notices of Surface Water Rights Diversions

Just as it did in 2014, the State Water Resources Control Board has issued several notices of curtailment for surface water rights holders in various watersheds because California’s extreme drought has resulted in...more

How Dry You’ll Be: California Adopts Regulations for Mandatory Water Conservation

As California enters another summer under severe drought conditions, regulators are taking steps to encourage significant reductions in water usage. After years of a “carrot” approach, Californians may start seeing the...more

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

Virginia’s Draft State Water Resources Plan

The severe drought in Virginia in 2002 saw several localities nearly exhaust available public water supplies and reenergized public policy concerns about Virginia’s water resources and their proper and sustainable management....more

California State Water Resources Control Board Finalizes Rules for Desalination Plants

As the drought continues across California, the State Water Resources Control Board (“SWRCB”) has adopted its first-ever requirements for desalination plants in the state. Desalination – a process of removing minerals from...more

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