Water Supplies

News & Analysis as of

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent...more

Alabama Continues to Evaluate Water Use and Availability Issues

A combination of factors in Alabama has raised concerns about the reliability of adequate water in various parts of the State in the event of prolonged droughts or significant withdrawals. Industrial users and public water...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

California Environmental Law and Policy Update - August 2014 #6

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Water Bond Only a Part of California’s Water Problem Solution

The water bond is not the complete solution to California’s water problems, but there is no single solution to California’s water problems. Making California’s water use sustainable in an uncertain future will require a...more

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

California Environmental Law and Policy Update - August 2014 #5

Environmental and Policy Focus: The California Supreme Court further limits the scope of CEQA review for voter-sponsored initiatives: Allen Matkins - Aug 11: Voter-driven initiatives meeting California Elections Code...more

Covering the Waterfront: Comprehensive Water Resources Management

Public Act 14-163 authorizes the Water Planning Council, established by Conn. Gen. Stat. § 22a-33o, to prepare a comprehensive state water plan. The bill follows “water summit” meetings convened by state legislators in...more

Water Supply and Infrastructure Bond

This November, California voters will decide if $7.5 billion will be made available for local water projects. Passed just in time to qualify for the ballot, AB 1471...more

Water Supply and Infrastructure Bond to be Placed on November Ballot

If Passed, Funding Available for Local Water Projects - How public agencies seek funding for water quality and storage projects will be impacted if voters approve the state water bond measure passed by the Legislature...more

U.S. Bureau of Reclamation Releases Updated Operation Plan for Colorado River System Reservoirs

On August 13, 2014, the United States Bureau of Reclamation (Reclamation) released its latest Operation Plan for Colorado River System Reservoirs 24-Month Study. The study projects operations and water releases for major...more

The United States and Several Western Water Providers Enter into a Historic Agreement to Mitigate the Effects of the Drought...

The Colorado River and its extensive system of reservoirs and aqueducts that range from Wyoming to the Mexican border are being depleted by more than a decade of severe drought. As a result, the water levels in the two...more

California Environmental Law and Policy Update - August 2014 #3

Environmental and Policy Focus - Governor proposes $6 billion water bond for California: Bloomberg - Aug 6: California Governor Jerry Brown has called on lawmakers to put a $6 billion “no-frills” bond measure on the...more

Water District Shorted by Federal Government May Recover Expectancy Damages

A federal appellate court may have made it possible for water purveyors to collect additional damages from the U.S. Bureau of Reclamation when water deliveries are shortened due to an inexcusable breach of contract. The...more

California State Water Resources Control Board Issues Drought Regulations Restricting Certain Water Uses and Ordering Curtailments...

According to the U.S. Drought Monitor, California is experiencing severe to exceptional drought conditions. On January 17, 2014, and again on April 25, 2014, California Governor Edmund G. "Jerry" Brown, Jr. issued...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

State Water Resources Control Board to Consider Emergency Water Conservation Regulations in Response to Drought

Proposed Regulations to Impose Restrictions on Individuals, Urban Water Suppliers and Distributors of Public Water Supplies In response to Gov. Jerry Brown’s State of Emergency Drought Declaration and Proclamation of a...more

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

The Water Values Podcast - How Can We Resolve Water Conflicts?  [Video]

How Can We Resolve Water Conflicts? With Professor Neil Grigg, River Master of the Pecos River Professor Neil Grigg of Colorado State University and the River Master of the Pecos River joins The Water Values Podcast this...more

Historic Water Resources Reform and Development Act Enacted into Law

On June 10, 2014, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”) (Public Law No: 113-121). The primary purpose of the bill is to provide funding for improvements to rivers...more

State Water Board Commences Curtailment Program in Response to Statewide Drought

In the past month, the State Water Resources Control Board (“Water Board”) has issued three curtailment notices to water rights holders pursuant to the Governor’s January 17, 2014 State of Emergency Proclamation addressing...more

State Water Quality Control Board to Consider General Waste Discharge Requirements for Recycled Water Use on June 3, 2014

On June 3, 2014, partially in response to lingering drought conditions throughout the state, the California State Water Resources Control Board (“SWRCB”) will consider adopting a “general” waste discharge requirements (“WDR”)...more

Exemption for Construction of Water and Sewer Lines

The PA Department of Revenue has renewed a ruling that a contractor may claim exemption for certain items installed in the construction of water and sanitary sewer lines for a private developer where the sewer lines will be...more

CEQA Exemptions Granted for Certain State Agency Actions by Gov. Brown Proclamation

Proclamation of Continued State of Emergency Declared as Record Drought Continues - Gov. Jerry Brown has issued a Proclamation of a Continued State of Emergency in response to California’s record low water conditions...more

Improvements Proposed to Regulations Governing Petitions to the California State Water Resources Control Board

Anyone who has challenged the action or inaction of a Regional Water Quality Control Board (“Regional Board”) knows that more often than not, by the time the State Water Resources Control Board (“State Board”) takes action on...more

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