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

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Judge temporarily halts state plan to monitor groundwater use in crop-rich California region

Bullet The Bakersfield Californian - July 16

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 County Superior Court Judge Kathy Ciuffini issued a temporary restraining order halting the State Water Resources Control Board's plan for the Tulare Lake Subbasin until an August 20 hearing. The ruling came after the farm bureau in the largely agricultural county filed a lawsuit saying the plan exceeded the board's authority. At the heart of the dispute is the 2014 Sustainable Groundwater Management Act, which California enacted a decade ago to regulate the use of groundwater after years of overpumping and drought led to problems with water quality and land sinking, as discussed in our recent alert.


News

California to mandate statewide water restrictions up to nearly 40% in some cities

Bullet Palm Springs Desert Sun – July 3

The State Water Resources Control Board on July 3 approved a policy that could force some municipal water suppliers to reduce the amount of water they provide by close to 40% over the next 15 years. If suppliers and their customers don't reduce water use, the districts could be fined up to $10,000 a day. Districts can reduce customer water use by mandating restrictions, raising rates on high-volume water users, or encouraging low-flow appliances. Suppliers must make a first round of water cuts by 2025, with additional cuts mandated in 2030, 2035, and 2040. Most of the most extensive required cuts are in California's Central Valley.


San Diego faces minimal water cutbacks under state conservation plan

Bullet The San Diego Union-Tribune – July 13

The state's new mandatory water conservation plan won't require big reductions in San Diego. That's due mostly to decades of spending on recycling, desalination, storage, conservation, and imported supplies. Just four of the San Diego County Water Authority's 23 member agencies face any cutbacks at all — and they have many years to reach their goals. There will be additional costs likely for all agencies because the plan also includes detailed reporting and data-collection requirements.


California farmers set to cut use of Colorado River water, temporarily leaving fields dry

Bullet Los Angeles Times – July 11

Farmers who grow hay in the Imperial Valley will soon be eligible to receive cash payments in exchange for temporarily shutting off water to their fields for up to two months this year. Under a program approved by the Imperial Irrigation District's board, farmers can now apply for federal funds to compensate them for harvesting less hay as part of an effort to ease strains on the Colorado River. The Imperial board also voted last week to increase the amount that farmers can receive through the district's existing "on-farm" conservation program, which pays those who invest in converting flood-irrigated fields to water-saving systems such as sprinklers or drip irrigation.


California Legislature to ask voters for permission to borrow $20 billion for climate, schools

Bullet Associated Press – July 3

The California Legislature on July 3 voted to place a pair of $10 billion bonds on the November ballot. If approved, the money would pay for the building of new schools and help communities prepare for the impacts of climate change. Much of the climate bond would go to improve water supply and help prepare for wildfires. Statewide, nearly 400 water systems don't meet state safety standards. Meanwhile, 15 of the 20 most destructive wildfires in state history have occurred in the past decade.


California judge grants injunction in water conveyance project

Bullet Maven's Notebook/Courthouse News Service – June 21

A Sacramento County judge on June 20 ruled in favor of several water districts and local governments over California's planned delta tunnel project that would divert water from Northern California to the south of the state, saying that exploratory work can't continue until the state completes a necessary certification process. The decision by Superior Court Judge Stephen Acquisto is a win for the groups that had argued the state Department of Water Resources hadn't completed all documentation required by the California Environmental Quality Act and complied with the Delta Plan.


Portion of Siskiyou County returns to drought conditions

Bullet San Francisco Chronicle – July 11

For the first time since October 2023, parts of California are now classified under a moderate drought by the U.S. Drought Monitor. This marks the end of a nine-month period without drought conditions in the state, the longest such stretch since the end of 2011. A record-breaking heat wave, coupled with a lack of significant rainfall over the past two months — particularly in Northern California and the Sierra — has accelerated drought conditions in recent weeks.


California Water Board adopts direct potable reuse regulations to increase water supply

Bullet Allen Matkins – May 23

California Governor Gavin Newsom's recent executive order, calling on state agencies to create a comprehensive Water Resilience Portfolio, has set goals for recycling at least 800,000 acre-feet of water per year by 2030 and 1.8 million acre-feet by 2040 while reducing the amount of wastewater discharged to rivers and the ocean. Further advancing the state's water supply strategy to make California more resilient to drought and climate change, the State Water Resources Control Board unanimously approved regulations on December 19, 2023, that will allow public water systems to develop treatment protocols to recycle wastewater into safe drinking water. Final approval of the regulations anticipated in Fall 2024.


Nearly $1 billion Contra Costa County project reveals the changing science of keeping drinking water safe

Bullet The Mercury News – June 20

The East Bay Municipal Utility District (EBMUD) is tackling nearly $1 billion in infrastructure upgrades to help safeguard 1.4 million residents' drinking water supply. One of the biggest projects would involve adding new pretreatment facilities at its Walnut Creek Water Treatment Plant to speed up how quickly EBMUD can filter chemicals and other particles that are swept into drinking water. During emergencies and drought, the project would also allow the plant to safely tap into supplemental, raw sources of water that don't otherwise satisfy treatment standards. If the project's EIR is certified next month, EBMUD staff said they will start a three-year design phase before construction is slated to begin in 2027.


New legislation would ratify Colorado River water settlements for three AZ tribes

Bullet Source NM – July 10

A bipartisan coalition of Arizona's congressional delegation introduced legislation to address one of the longest-running water issues facing three Arizona tribes. The Northeastern Arizona Indian Water Rights Settlement Act of 2024 would ratify and fund the largest Indian water rights settlement in the country, which will secure water rights for the Navajo Nation, Hopi Tribe, and the San Juan Southern Paiute Tribe. It also includes billions in funding for essential water development and delivery projects for the tribes.


Hoping to reduce Colorado River dependency, Southern California bets big on wastewater recycling

Bullet Courthouse News Service – July 5

At a wastewater treatment plant in Carson in the Los Angeles area, scientists and engineers have been fine-tuning their purification process since 2019. The Grace F. Napolitano Pure Water Southern California Innovation Center purifies 500,000 gallons of water each day with the goal of someday processing 150 million gallons daily. The project is still in the environmental planning and review phase, and for now the water is just for research — not drinking. But with construction on a permanent plant slated to begin as early as 2026, researchers hope arid Southern California could soon be home to one of the biggest water-recycling operations in the world.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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