Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

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As fish deaths increase at pumps, critics urge California agencies to improve protections

Bullet Los Angeles Times - April 8

Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take immediate action. In a letter to state and federal water managers, leaders of five fishing and environmental groups said the estimated losses of threatened steelhead trout and endangered winter-run Chinook salmon have exceeded maximum annual limits for water intakes in the Sacramento-San Joaquin River Delta. The groups are urging water managers to scale back pumping until juvenile salmon and steelhead have finished migrating through the Delta and into San Francisco Bay. State water officials say they have been taking substantial measures to protect fish.


News

Federal, state water managers announce increased water deliveries in wake of winter storms

Bullet SFGate – March 22

Managers of California’s two main water storage and delivery systems on March 22 announced increases to forecasted water allocations for millions of people and vast tracts of farmland. The state Department of Water Resources, which runs the State Water Project, said its anticipated water deliveries are now 30% of the amounts requested from the 29 public agencies that rely on its water. That 30% delivery estimate is double what DWR estimated in February, an increase attributable to the late winter snow and rainfall totals that have accumulated across the state. The U.S. Bureau of Reclamation, which operates the Central Valley Project, has also announced various increases to its delivery estimates.


Environmentalists, local agencies file lawsuits against California Delta tunnel project

Bullet The Sacramento Bee – January 26

A month after California’s water regulator approved a controversial infrastructure project that could replumb the Sacramento-San Joaquin River Delta, the plan is coming under renewed legal fire. Eight lawsuits filed by several counties, local water agencies, and a coalition of environmental advocates claim the Department of Water Resources (DWR) violated the California Environmental Quality Act when it approved the Delta tunnel project. Last month, DWR approved its final environmental impact report for the project. The tunnel project’s approval was met with support from downstate municipal and agricultural water agencies that receive water through the State Water Project, calling it a “critical step” to securing California’s water future.


Colorado River conservation measures will protect reservoir levels through 2026, DOI officials say

Bullet Arizona Republic – March 5

The U.S. Interior Department (DOI) on March 5 released its final plan for emergency measures to shore up Colorado River reservoir storage, touting agreements with the southwestern states that use most of the water, and announcing federal funds for three new California conservation agreements. Now comes the heavier lift: reaching an agreement or imposing a federally mandated one among the seven states that use the river to share potentially deeper shortages after the government’s water management guidelines expire at the end of 2026.


State hears from the public on potential takeover of groundwater pumping in the Tule subbasin

Bullet SJV Water – April 5

The Tule subbasin is next up to face the state in a groundwater probation hearing before the State Water Resources Control Board scheduled for September 17. Subbasins put in probation could face pumping restrictions, among other sanctions. The hearing is the outcome of the state’s Sustainable Groundwater Management Act, which mandates that over-drafted subbasins bring aquifers into balance by 2040. The Tule subbasin is the second in line for a probationary hearing following the Tulare Lake subbasin, which is set to be heard by the board on April 16.


Colorado River states get a wet winter, but Lake Powell will get below-average runoff, forecast says

Bullet The Salt Lake Tribune – April 8

The National Weather Service Colorado Basin River Forecast Center estimates that Lake Powell will receive 5.7 million acre-feet of water between April and July as snow melts off the mountains, 89% of the normal runoff for that time period recorded between 1991 and 2020. Facing extreme drought and climate change, Lake Powell dropped to a historic low of 22% full in Feb. 2023. The reservoir currently stands at about 32% full.


Ocean water from San Diego could stabilize south OC supply, boost desalination

Bullet The Orange County Register – March 1

Ocean water desalinated at a controversial plant in Carlsbad soon could be stabilizing supplies for south Orange County residents served by Moulton Niguel Water District, who now depend on fluctuating allotments from the Colorado River and Northern California. Moulton Niguel Water District’s board voted on February 29 to give staff up to three years to negotiate with the San Diego County Water Authority over a potential transfer of rights to a portion of water generated each day at the Claude “Bud” Lewis Carlsbad Desalination Plant.


Where does all the Colorado River water go? A huge amount goes to grow cattle feed, new analysis shows.

Bullet The Denver Post – April 7

Water used to grow alfalfa — which is used to feed cattle — makes up more than a quarter of all human usage of the Colorado River, according to analysis published in early April in the academic journal Communications Earth & Environment. The analysis comes as the seven Colorado River states, the 30 tribal nations on the river, and the U.S. Bureau of Reclamation craft new long-term rules that will dictate how shortages are managed when there is not enough water — which is most years.


State attorney general seeking evidence of groundwater overpumping in rural Arizona, may sue

Bullet Arizona Republic – March 29

Attorney General Kris Mayes told La Paz County residents she’s considering a lawsuit to stop corporate farms from overpumping groundwater there and in Cochise County. Her investigators are seeking examples of harm such as dry wells, cracked foundations, and dust to build a possible case using the state’s nuisance laws, she said on March 28. La Paz County in western Arizona has been the site of some of the state’s most high-profile groundwater politics.


California unveils research into ‘floating solar’ project over major canal

Bullet Courthouse News Service – April 4

Governor Gavin Newsom joined staff from the U.S. Bureau of Reclamation on April 4 to highlight a new “solar-over-canal” project along one of the state’s primary aqueducts. The pilot project proposes placing a solar canopy to “float” over a major waterway as a source of renewable energy that can also prevent water loss through evaporation. Karla Nemeth, director of California’s Department of Water Resources, said that the department is also investing $20 million in two canal sites near Turlock to study how fixed solar canopies over canal structures could work.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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