News & Analysis as of

Water Diversion

Miller Starr Regalia

Second District Upholds EIR for Kern Water Bank Recharge Project Involving Diversion of Unappropriated Kern River Water In Certain...

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In an opinion originally filed on February 23, and later modified and ordered published on March 22, 2022, the Second District Court of Appeal reversed the trial court’s judgment invalidating the Kern Water Bank Authority’s...more

Perkins Coie

State Water Board Has Authority to Implement Temporary Emergency Regulations Curtailing Water Diversions Without Prior Evidentiary...

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The Third Appellate District held that the State Water Resources Control Board has the authority to issue temporary emergency regulations and curtailment orders which establish minimum flow requirements, regulate unreasonable...more

Best Best & Krieger LLP

Groundwater Recharge Projects Get Boost Under AB 658

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New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more

Orrick - Trade Secrets Group

FOIA Exemption 4 Tightens the Spigot on Public Disclosure of Bottled Water Sourcing Records

The Freedom of Information Act (“FOIA”) grants the public a powerful right of access to records in the possession of federal agencies. However, this right of access is subject to nine distinct exemptions. ...more

Brownstein Hyatt Farber Schreck

California Water Rights: Compliance Checklist for 2019

As in years past, Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2019. This checklist provides a summary of state water right reporting requirements...more

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

Artificial Diversion of Water/Property Damage: New York Appellate Court Considers Whether Nuisance/Trespass Claims are Time-Barred

The New York Supreme Court (Appellate Division) addressed a procedural issue associated with an action seeking damages and injunctive relief involving allegations that defendants were responsible for property damage as a...more

Nossaman LLP

District Court rejects Challenge to Corps Activities on the Yuba River in Northern California

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In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more

K&L Gates LLP

SCOTUS Wades into Water Wars

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On January 8, the Supreme Court of the United States (“SCOTUS”) heard back-to-back oral arguments in two major water rights disputes between states: Texas v. New Mexico and Colorado, and Florida v. Georgia. While the merits...more

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

Marijuana Cultivation: California State Water Board Adopts Policy Addressing Water Diversion/Discharge

The California State Water Board (“Board”) recently adopted what it describes as a “new statewide policy establishing strict environmental standards for cannabis cultivation in order to protect water flows and water quality...more

Stoel Rives - Environmental Law Blog

Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements....more

Best Best & Krieger LLP

California Water Board Lifts Curtailment of Senior Water Rights in Sacramento-San Joaquin Delta

The State Water Resources Control Board on Tuesday issued a notice lifting water diversion restrictions for the holders of all senior water rights in the Sacramento-San Joaquin watersheds and Delta. The Board issued the...more

Nossaman LLP

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

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In ONRC Action v. U.S. Bureau of Reclamation, the United States Court of Appeals for the Ninth Circuit held that the Bureau of Reclamation was not required to secure a National Pollutant Discharge Elimination System ("NPDES")...more

Davis Wright Tremaine LLP

California State Water Board Flexes Its Enforcement Muscle With Water Diverters

The fact that California is suffering its fourth year of drought conditions is not a new story — how the State should address this water shortage is the subject of much debate. The California State Water Resources Control...more

Best Best & Krieger LLP

First Water Curtailment Action Filed in California

In the first of possibly many enforcement actions this year, the State Water Resource Control Board issued a draft cease-and-desist order against West Side Irrigation District in Tracy, Calif., demanding the District curb its...more

Best Best & Krieger LLP

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Stoel Rives LLP

Fish & Game Code Section 1602 Is Unambiguous, Now Requiring More Water Users To Provide “1602 Notification” To “Substantially...

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On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual...more

Miller Starr Regalia

A CEQA Trustee Agency “Muscles Up”: Third District Holds Department of Fish and Wildlife’s Newly Exercised Power To Require Notice...

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Under CEQA, a “trustee agency” is a “state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California” and “[t]he California Department of...more

Nossaman LLP

Court of Appeal Decision Extends Lake and Streambed Alteration Program to Water Diversions

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In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more

Nossaman LLP

Fifth Circuit Rejects Strict Liability Standard and Reverses Trial Court Decision Imposing Endangered Species Act Section 9...

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In The Aransas Project v. Shaw, the Fifth Circuit reversed a lower court’s finding that the Texas Commission on Environmental Quality violated section 9 of the Endangered Species Act through its combined actions and inactions...more

Nossaman LLP

A Victory for Water Users in Siskiyou County

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Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

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