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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

FDA Announces Proposed Changes to Agricultural Water Requirements Under the Food Safety Modernization Act

On December 2, 2021 the U.S. Food and Drug Administration (FDA) released a proposed rule aimed at enhancing the safety of agricultural water used on covered produce (other than sprouts). The proposed rule is the agency’s...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

Sacramento County Health Officer Extends Stay at Home Order through May 1, 2020; Additional Clarifications for Essential...

On April 7, 2020, the Sacramento County Public Health Officer, Dr. Olivia Kasirye, issued a new Public Health Order (“Order”) extending the requirement that County residents stay at home during the ongoing Novel Coronavirus...more

UPDATED: Additional Guidance Provided on Critical Infrastructure Worker Designations in Wake of Statewide Order to Stay Home

On March 19, 2020, Governor Newsom issued Executive Order N-33-20, directing all Californians to stay home, except as necessary to “to maintain continuity of operations of the federal critical infrastructure sectors.”...more

Statewide Order to Stay Home Prompts Questions Regarding Critical Infrastructure and Worker Classifications

On March 19, Governor Newsom adopted Executive Order N-33-20? (“Order”) directing that all Californians stay at their home or place of residence, “except as needed to maintain continuity of operations of the federal critical...more

UPDATED: In Response to Concerns Regarding COVID-19, Governor Newsom Grants Additional Flexibility for Public Agency...

On March 18, 2020, Governor Gavin Newsom issued an Executive Order providing further flexibility to public agencies conducting their meetings during the COVID-19 pandemic. Executive Order N-29-20 (“Order”) amends a prior...more

In Response to Concerns Regarding COVID-19, Governor Newsom Suspends Some Requirements applicable to Public Agency Teleconference...

In response to the developing concern regarding the spread of Coronavirus Disease 2019 (“COVID-19”), on March 12, 2020 Governor Gavin Newsom issued Executive Order N-25-20 (the “Order”). Among other things, the Order provides...more

New Law Mandates That Special Districts Maintain Public Websites by January 2020; Limited Exemptions Available

In late 2018, Governor Brown signed SB 929 (Maguire) into law, which mandated that all independent special districts in the state of California maintain an internet website consistent with all existing legal requirements for...more

AB 2257: New Brown Act Requirements for Meeting Agendas on Local Agency Websites Effective for Meetings Held on and after January...

In 2016, the State Legislature enacted Assembly Bill 2257 (Government Code section 54954.2) to update the Ralph M. Brown Act with new requirements applicable to meeting agenda postings on local agency websites. The Brown Act,...more

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...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

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...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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