News & Analysis as of

Groundwater California

Nossaman LLP

DWR Releases Subsidence Best Management Practices

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On January 21, 2026, the California Department of Water Resources (DWR) published its Best Management Practices of the Sustainable Management of Groundwater – Land Subsidence (Subsidence BMPs). The press release details the...more

Perkins Coie

Water District’s Groundwater Replenishment Charges were Unconstitutional Taxes Under Proposition 26

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The Court of Appeal affirmed rulings that a water district’s groundwater replenishment charges were unconstitutional “taxes” because the District failed to prove the cost-allocation requirement of Proposition 26’s...more

Allen Matkins

California Environmental Law & Policy Update 12.12.25

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Federal wildlife officials on Monday denied listing the Western Coast Chinook salmon as threatened or endangered under the federal Endangered Species Act....more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It (UPDATED)

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The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more

Allen Matkins

California Environmental Law & Policy Update 10.31.25

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Exxon Mobil last Friday filed suit in federal court challenging two California laws that would require the oil company to report greenhouse gas emissions resulting from the use of its products globally. The 30-page complaint,...more

Allen Matkins

California Expands and Strengthens Long-Term Water Strategic Plan

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California law requires the Department of Water Resources (DWR) to create, promulgate, and update every five years the California Water Plan (Plan). The Plan is intended to provide a comprehensive strategy for the sustainable...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.24.25

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The California Court of Appeal has ruled that preliminary work can begin on the Delta Conveyance Project, a controversial proposal to build a 14-mile underground tunnel to transport water from Northern California southward....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.25.25

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Beginning January 1, 2025, the “Making Conservation a California Way of Life” regulatory framework requires urban retail water suppliers — not individual households or businesses — to adopt a series of “urban water use...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Allen Matkins

California Environmental Law & Policy Update 4.25.25

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Governor Gavin Newsom is pushing to lay the groundwork for building a $20-billion water tunnel in the Sacramento-San Joaquin River Delta before his term expires, and state water regulators are considering whether to grant a...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

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On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Nossaman LLP

State Water Board Developing Statewide Urban Stormwater Infiltration Policy

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The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide...more

Allen Matkins

California Environmental Law & Policy Update - Special Water Supply Edition

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President Donald Trump on Monday issued a memorandum directing the Secretary of Commerce and the Secretary of the Interior to develop a new plan within 90 days “to route more water from the Sacramento-San Joaquin Delta to...more

Allen Matkins

California Environmental Law & Policy Update 11.22.24

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In a settlement approved by the San Diego Regional Water Quality Control Board on November 13, the City of Oceanside agreed to pay a $1.5 million fine for two separate spills that sent raw sewage into the Buena Vista Creek...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.25.24

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California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield....more

Nossaman LLP

New California Legislation on Water Issues – Updated with Signings and Vetoes

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The time for Newsom to sign or veto bills has now passed. Of the nine bills discussed herein, Newsom signed seven and vetoed two. Please see the update below each bill that discusses its resolution....more

Allen Matkins

California Environmental Law & Policy Update 9.20.24

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Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

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 Environmental Law & Policy Update 8.30.24

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A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

Allen Matkins

California Environmental Law & Policy Update 8.02.24

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Climate change threatens to dramatically shrink the amount of water California can deliver over the next 20 years and could significantly reduce supplies available from the State Water Project according to new projections...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Clean Water Act: Environment California Files Judicial Action Against Port of Los Angeles

Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

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A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

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In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more

Allen Matkins

California Environmental Law & Policy Update 5.24.24

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Republican attorneys general from 20 U.S. states sued the Biden administration on Tuesday, seeking to block new reforms to the U.S. environmental review process for major projects such as transmission lines and wind and solar...more

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