Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more
The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more
State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more
An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more
In a new study, researchers from NYU, Children’s Hospital of Philadelphia, and Defend Our Health have estimated the costs of plastic exposure on the U.S. healthcare system. In 2018, several common endocrine disruptors, a...more
Top water officials for the seven Colorado River Basin states met in December 2023 at the Colorado River Water Users Association conference to resume negotiating a new compromise for how they will share — and cut back on —...more
According to the U.S. Drought Monitor, 28.8 percent of the lower 48 states are in drought. At one point in 2022, almost half of the country was in a drought condition. The lack of precipitation plays havoc on the groundwater...more
California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more
July 17, 2023 Of Counsel On June 7, 2023, Governor Tina Kotek signed into law SB 718, which provides an additional layer of protection for Oregon water right holders in drought-stricken counties. The new law goes into effect...more
The drought years leading up to 2023 in the western U.S. saw unprecedented drops in storage in places like Lake Mead and Lake Powell when these reservoirs reached record lows. As a result, the U.S. Bureau of Reclamation told...more
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
On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more
EPA floats sharply increased social cost of carbon - E&E News – November 21 - The U.S. Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions, nearly quadrupling an interim...more
Overview The Department of the Interior (DOI) recently announced the newly created Lower Colorado River Basin System Conservation and Efficiency Program (the “Program”), funded through the $4 billion pot of money in the...more
Lawmakers from both parties, in both houses of Congress, have proposed bills intended to speed up forest-management projects that reduce wildfire fuels, like brush and small trees, which can cause large-scale fires of the...more
Biden administration outlines plan to pay for Colorado River water cuts as crisis looms - CNN – October 12 As concerns grow over the future of the drought-plagued Colorado River system, the Biden administration has announced...more
On Monday, September 12, 2022, a California Court of Appeal upheld a decision that the State Water Resources Control Board (the “Board”) lacks jurisdictional authority to issue curtailment notices to pre-1914 appropriative...more
California legislators reject bill to curb agricultural groundwater pumping - The Bakersfield Californian – September 4 - California lawmakers have rejected proposed legislation seeking to rein in agricultural...more
On September 12, 2022, the Court of Appeal for the Sixth District issued its opinion in the California Water Curtailment Cases, No. 1-15-CV285182 (2022). The court held that the State Water Resources Control Board (State...more
Governor Gavin Newsom announced a revamped water strategy on August 11, 2022, in response to updated projections that California could witness a 10% reduction in water supply by 2040 due to the accelerated impacts of climate...more
Governor Newsom calls for boosting water supply projects to curb California drought and climate change - The Vacaville Reporter – August 11 Governor Gavin Newsom released a broad plan on August 11 seeking to expand...more
The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters:...more
Supreme Court restricts EPA's authority to mandate carbon emissions reductions - Associated Press - June 30 - In a blow to the fight against climate change, the Supreme Court on Thursday limited the extent of the U.S....more
As severe drought conditions continue across the western U.S., Allen Matkins will begin publishing a quarterly newsletter focused on recent legal, regulatory, and policy issues impacting water users and suppliers in...more
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