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Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

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

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

Court of Appeal Upholds County of Monterey’s Management of Groundwater in Landmark SGMA Case

On November 13, 2023, the Sixth District Court of Appeal issued the first published decision interpreting California’s Sustainable Groundwater Management Act (“SGMA”) in City of Marina et al., v. County of Monterey et al.,...more

Hurdles remain for Colorado River agreement

On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

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

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

State Water Board Issues Emergency Regulations for Curtailments in Delta Watershed

The State Water Resources Control Board (“State Water Board”) issued emergency regulations on August 3, 2021, authorizing Board staff to curtail diversions and require informational reporting from water users in the...more

Trump Administration Announces Three Rules Making Sweeping Changes to Federal Endangered Species Act Regulations

On August 12, 2019, the U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NMFS”) (collectively “Services”) jointly announced three rules that...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

WaterFix EIR Certification and NOD Client Alert

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

A Compendium of California's Sustainable Groundwater Management Act

The Sustainable Groundwater Management Act (SGMA) will have lasting implications on water users throughout the State. Downey Brand's water law practice is on the cutting edge of SGMA and groundwater law developments and has...more

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