News & Analysis as of

Groundwater Management Plan

Water/Cadiz Valley Water Conservation, Recovery and Storage Project: Center for Biological Diversity Files Federal District Court...

The Center for Biological Diversity and Center for Food Safety (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Central District of...more

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

California Storm Water Bill Signed Into Law

California Senate Bill 231 (Hertzberg) (“SB 231”), signed into law by the Governor on October 6, 2017, is intended to provide local governments with increased flexibility when imposing or increasing property related fees and...more

The Soft Underbelly of the Sustainable Groundwater Management Act

by Clark Hill PLC on

Winston Churchill once used the phrase the “soft underbelly of Europe” to attempt to coax the Allies into invading Europe to force Germany to split its resources. The Sustainable Groundwater Management Act (SGMA) also has a...more

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

by Pierce Atwood LLP on

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Specific Agricultural Interests Added to SGMA

by Best Best & Krieger LLP on

Farmers, ranchers and dairy professionals are now identified as being among the beneficial uses and users of groundwater whose interests must be considered under the Sustainable Groundwater Management Act. This is the result...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

California Groundwater Pumpers May Be Subject to Proposed "State Intervention Fees" Under SGMA

by Nossaman LLP on

On March 8, 2017, the State Water Quality Control Board (“SWRCB”) released a draft emergency regulation that would impose new fees on some groundwater extractors. Written comments are due by Friday, April 7, 2017. The...more

State Water Board Releases Draft Emergency Regulation Setting Fees For SGMA Intervention

by Best Best & Krieger LLP on

In a new regulatory step under the Sustainable Groundwater Management Act, the State Water Resources Control Board released a draft emergency regulation that sets fees for state intervention activities. Comments are due by...more

Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by Snell & Wilmer on

On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896. In this decision, the Court unequivocally held that...more

Water, Water Everywhere: Coming Soon to a Legislative Chamber Near You

by Tonkon Torp LLP on

Water is a real estate issue, a business issue, a taxpayer issue. Whether you're a developer, a farmer, a city manager, a manufacturer, or "just" a taxpayer, I think you’ll be hearing a lot more about water in the next few...more

California Releases Updated Groundwater Information Resource

by Best Best & Krieger LLP on

The California Department of Water Resources has released an interim update of Bulletin 118, the state’s primary groundwater information resource. The update addresses time-sensitive information that agencies will need to...more

A Compendium of California's Sustainable Groundwater Management Act

by Downey Brand LLP on

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

JLARC’S Virginia Water Resources Report Calls for Changes

by Williams Mullen on

Virginia’s Joint Legislative Audit and Review Commission (“JLARC”) is an entity created by the Virginia General Assembly to, among other things, assess the performance of state agencies and the programs they administer. In...more

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

Governor Ducey Vetoes Water and Development Bills

by Snell & Wilmer on

With the second regular legislative session of Governor Doug Ducey’s tenure complete, the Governor exercised his veto pen rejecting several laws impacting water and land development. On May 9th, Governor Ducey vetoed two...more

Emergency Groundwater Sustainability Plan Regulations Adopted By California Water Commission

by Best Best & Krieger LLP on

Key Principle: Sustainable Management Through Local Efforts - The California Water Commission unanimously adopted a demanding set of regulations to govern the creation and implementation of groundwater sustainability...more

New Regulations for California Groundwater Management

by Stoel Rives LLP on

California has moved one step closer to implementing the Sustainable Groundwater Management Act (“SGMA”), California’s landmark groundwater legislation. On Wednesday, May 18, the California Water Commission adopted a set of...more

Tribal Groundwater Resources – Management Considerations Under Current Law

by Snell & Wilmer on

In the arid southwest, water is the most important and precious natural resource. In some communities, groundwater is the primary source, and often sole source, of water for domestic, agricultural irrigation, industrial, and...more

Sweeping Six-Case Win for Water District

by Best Best & Krieger LLP on

Court Upholds Public-Private Groundwater Conservation and Recovery Project That Will Serve Customers Throughout Southern California - A proposed public-private partnership project to pump fresh groundwater, which would...more

Fourth District Rejects CEQA Challenges To Large Mojave Desert Groundwater Pumping Project In Separate Published Opinions

by Miller Starr Regalia on

In two opinions filed May 10, 2016 (one partially and the other fully published), the Fourth District Court of Appeal rejected a number of CEQA and other challenges to a project proposing to pump 50,000 acre-feet of...more

Why California’s New Groundwater Management Law is a Game Changer for Mine Operators

by Stoel Rives LLP on

Ready or not, California’s new Sustainable Groundwater Management Act (“SGMA”) is here and mine operators should be vigilant in monitoring and actively participating in developments under the law. Previously, the use of...more

The Good, The Bad and The Ugly: Where Do We Stand in the Quest for Sustainable Groundwater Management?

At the intersection of water and politics, a cross section of water professionals including agency staff, engineers, attorneys and consultants convened in Sacramento March 30 to spend a day with an outstanding lineup of...more

What the Internet of Things Means for Local Governments

by Best Best & Krieger LLP on

Increasingly, computing power is everywhere. The personal computer that once resided on the desktop migrated to the hip pocket and the wrist watch, and now to eyewear and clothing. Welcome the “Internet of Things,” or...more

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