News & Analysis as of

California State Water Boards

Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...more

Allen Matkins

California Water Board Adopts Direct Potable Reuse Regulations to Increase Water Supply - 2024 Land Use, Environmental & Natural...

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California Governor Gavin Newsom’s recent executive order, calling on state agencies to create a comprehensive Water Resilience Portfolio, has set goals for recycling at least 800,000 acre-feet of water per year by 2030 and...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Downey Brand LLP

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

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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

Nossaman LLP

State Water Board Updates the “Make Conservation a California Way of Life” Framework, but are the Changes Enough?

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On March 12, 2024, the State Water Resources Control Board (State Water Board) announced updates to the “Make Conservation a California Way of Life” framework that is based on SB 606 and AB 1668 from 2018. The changes seek to...more

Nossaman LLP

LAO Issues Report Criticizing the “Make Conservation a California Way of Life” Framework – Are Changes Coming?

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On January 4, 2024, the Legislative Analyst's Office (LAO) issued its statutorily-mandated report – “Assessing Early Implementation of Urban Water Use Efficiency Requirements” – analyzing the implementation of the “Make...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more

Allen Matkins

California Environmental Law & Policy Update 8.18.23

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The U.S. Environmental Protection Agency (EPA) announced last week that it would investigate the California State Water Resources Control Board (Board) after some Native American tribes and environmental groups complained the...more

Allen Matkins

California Environmental Law & Policy Update 7.21.23

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The California State Water Resources Control Board (SWRCB) is accepting public comment through July 28 on new recommendations to expedite permits for seawater desalination plants in the state....more

Brownstein Hyatt Farber Schreck

Brownstein Scores Big Win in Historic Case Affecting All Water Users in California

Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more

Stoel Rives - Environmental Law Blog

State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State...more

Perkins Coie

Ninth Circuit Holds Terms of Management Agency Agreement Governing Non-Point Source Pollution on Federal Lands Supersedes Other...

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Forest Service livestock grazing permits do not run afoul of state water quality permitting requirements because the Management Agency Agreement (MAA) between the agency and the State Water Resources Control Board, which...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

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The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Brownstein Hyatt Farber Schreck

California Steps Up Water Conservation Measures, Stops Short of Statewide Mandate

On March 28, 2022, Gov. Gavin Newsom signed Executive Order N-7-22, escalating prior water conservation efforts as the majority of California remains under “extreme drought” conditions. The executive order has significant...more

Stoel Rives - Environmental Law Blog

State Water Board Receiving Limited Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General...

The State Water Resources Control Board (“Water Board”) is now receiving public comments on certain components of its revised proposed statewide National Pollutant Discharge Elimination System (“NPDES”) Construction...more

Brownstein Hyatt Farber Schreck

Voluntary Agreements to Manage the Sacramento-San Joaquin River Delta Watershed Take the Next Step

On March 29, 2022, California Gov. Gavin Newsom released a signed memorandum of understanding (MOU) that outlines the terms for an 8-year program that would provide additional flows to and create habitat in the Sacramento-San...more

Brownstein Hyatt Farber Schreck

New Deadline and Reporting Period for California Surface Water Right Holders

Last year, California Gov. Gavin Newsom signed the budget trailer bill, Senate Bill (SB) 155 into law. The bill modifies the deadline and reporting period for surface water diversion reports submitted annually to the State...more

Perkins Coie

State Water Board Registrations of Small Water Diversions Are Ministerial and Exempt from CEQA

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The State Water Resources Control Board’s registrations of small water diversions are ministerial projects and hence exempt from CEQA. As such, allegedly erroneous registrations cannot be challenged under CEQA. Mission Peak...more

Fox Rothschild LLP

California Requires PFAS Investigation At Refineries And Terminals Statewide

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The California State Water Resources Control Board (“State Water Board”) has issued an Order to approximately 160 bulk fuel storage terminals and refineries in California requiring implementation of a PFAS site investigation....more

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