News & Analysis as of

Water Diversion

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

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

by Stoel Rives LLP on

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

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

by Best Best & Krieger LLP on

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

A Busy Summer for Environmental and Land Use Law

by Shipman & Goodwin LLP on

In the past three months, we have witnessed a breathtaking series of decisions from the U.S. Supreme Court, the Connecticut Supreme Court, and the California Supreme Court that have provided important rulings and...more

Ninth Circuit Holds no NPDES Permit Required for Klamath Straits Drain

by Nossaman LLP on

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

Connecticut Supreme Court Dials Back CT DEEP’s Authority Over Permit Applications

In a decision that could have broad implications for all companies regulated by the DEEP, the Connecticut Supreme Court recently upheld a permit applicant’s challenge to the Agency’s authority under the Connecticut Water...more

California State Water Board Flexes Its Enforcement Muscle With Water Diverters

by Davis Wright Tremaine LLP on

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

First Water Curtailment Action Filed in California

by Best Best & Krieger LLP on

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

California Appellate Court: CDFW Notification Required for Water Diversions

by Best Best & Krieger LLP on

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

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

by Stoel Rives LLP on

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

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

by Miller Starr Regalia on

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

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

by Nossaman LLP on

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

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

by Nossaman LLP on

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

A Victory for Water Users in Siskiyou County

by Nossaman LLP on

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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