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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

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California Direct Potable Reuse Regulations Approved

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On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more

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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

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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

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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

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

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

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...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

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...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

Allen Matkins

Special Drought Edition: California Environmental Law & Policy Update - June 2022

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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

Downey Brand LLP

State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed

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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

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

Downey Brand LLP

State Water Board Issues Emergency Regulations for Curtailments in Delta Watershed

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The State Water Resources Control Board (“State Water Board”) issued emergency regulations on August 3, 2021, authorizing Board staff to curtail diversions and require informational reporting from water users in the...more

Stoel Rives - Environmental Law Blog

Revised Public Workshop Date and Comment Deadline for State Water Board’s Proposed Reissuance of the Statewide Construction...

On June 10, 2021, the State Water Resources Control Board (“Water Board”) issued a Revised Public Notice that changed certain dates noted in our June 2, 2021 blog post.  The Water Board’s public hearing to receive public...more

Downey Brand LLP

Latest California State Water Board Investigative Order for PFAS Targets Bulk Fuel Storage Terminals and Refineries

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Last week, the California State Water Resources Control Board (State Water Board) officially released an order (the Order) to investigate and sample for per- and polyfluoroalkyl substances (PFAS) at over 160 bulk fuel storage...more

Allen Matkins

California Environmental Law & Policy Update - March 2021 #4

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2021 Land Use, Environmental & Natural Resources Update - Allen Matkins – March 25 - With the end of the first quarter of 2021 approaching, we thought it timely to issue an update on selected recent developments and...more

Nossaman LLP

On-Demand Webinar | Taking the Plunge: Lessons Learned from Water System Consolidations

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With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and...more

Downey Brand LLP

State Water Board Issues Notification and Response Levels for PFBS in Drinking Water; DTSC to Finalize Carpets and Rugs with PFAS...

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There has been no shortage of recent regulatory developments concerning per- and polyfluoroalkyl substances (PFAS) in California, which are especially relevant to drinking water systems and the consumer product community. ...more

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Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits...

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AB 377, entitled the “California Clean Water Act,” introduced by Assemblymember Rivas in February 2021, includes provisions to eliminate all “impaired waterways” and make all waters in California suitable for drinking,...more

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