Water Supplies

News & Analysis as of

Victory in Clean Water Act Case Saves Community’s Water Supply

Brownstein Hyatt Farber Schreck secured a decision in the federal court for the District of Colorado precluding third parties from closing a Bureau of Land Management (“BLM”) well that supplies water for Brownstein’s client,...more

Texas PUC to Submit Proposed Rules for Adoption

In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to...more

State Board Issues Notice of Potential Curtailment of Surface Water Rights Diversions

Recent Rainfall Not Enough to Stop Drought Emergency Measures - Despite some rainfall and the temporary lifting of certain 2014 surface water curtailment notices during the fall, the drought emergency in California...more

Local Agencies that Can Recover Fees Through Prop 218 Process are Ineligible for State Reimbursements

Decision from the Commission on State Mandates - Several agricultural water suppliers seeking reimbursement for state-mandated activities under the Water Conservation Act of 2009 are ineligible to receive state...more

Are You Complying? New 2015 Laws Affecting Public Agencies

Community leaders need to be attentive to the new laws that will take effect in 2015 that deal with issues specifically relating to cities, special districts and other public agencies. These new laws cover everything from...more

Disputes Over Interstate Compacts Increase

On December 29, 2014, a special master recommended that the U.S. Supreme Court find that Wyoming failed to make deliveries of Tongue River water to Montana in accordance with the Yellowstone River Compact. However, the...more

2014 Saw A Wave of Environmental Law Changes

The past year saw several developments in environmental law at both state and federal levels, particularly regarding water supply, water quality and regulation of greenhouse gas emissions. As federal regulators tightened the...more

Swing, Pendulum, Swing: California's Historic Drought and Unprecedented Responses

Most know by now that California is facing one of its driest years in recorded history. Yet droughts are not new to California, and to put things in context we can be thankful that current drought conditions are only as bad...more

2015 AWBA Annual Plan Draft Available Online for Comment

The Draft 2015 Annual Plan of Operation for the Arizona Water Bank Authority (AWBA) is available online for comment. Written comments may be submitted to the AWBA via email prior to the close of business on December 1, 2014....more

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Numerous Parties Line Up in Support of Petition in Delta Smelt Case

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme...more

EPA Presents WIFIA Listening Sessions in Los Angeles

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year...more

Water Bond Passes Easily – But Real Work Begins Now for Public Agencies

Gov. Jerry Brown stood outside the governor’s mansion Tuesday night before cameras and supporters to accept his easily-won victory in capturing a fourth term. But it wasn’t that personal, unprecedented triumph he wanted to...more

New Water Infrastructure Legislation Deadline for Submissions Is Dec. 3 - Innovative Projects and Creative Financing Are Favored...

The Water Resources Reform and Development Act of 2014 (WRRDA) is a major update and reformation of prior water infrastructure legislation at the federal level. Under WRRDA, developments such as port facilities, water supply,...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

EPA Further Delays Hydraulic Fracturing Study as Controversy Builds

EPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on...more

Proposition 65 Warning Requirement for DINP Set to Take Effect in December

Beginning December 20, 2014, companies with ten or more employees that manufacture, distribute or sell products in California containing Diisononyl phthalate (DINP) will be required to provide “clear and reasonable” warnings...more

California Environmental Law and Policy Update - September 2014 #3

Environmental and Policy Focus: California acts to manage statewide groundwater issues: Allen Matkins - Sep 19: Faced with record drought and depleted groundwater supplies statewide, the California Legislature has...more

Governor Signs New Laws Amending California's Urban Water Management Planning Act

July 1, 2016 Set as Deadline for Preparing New Plans - Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water...more

California Acts to Manage Statewide Groundwater Issues

Faced with record drought and depleted groundwater supplies statewide, the California Legislature has enacted, and Governor Brown on September 16 signed, new legislation designed to move statewide groundwater management...more

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

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