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
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
The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more
State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more
An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more
According to the U.S. Drought Monitor, 28.8 percent of the lower 48 states are in drought. At one point in 2022, almost half of the country was in a drought condition. The lack of precipitation plays havoc on the groundwater...more
As the Biden Administration pushes to transition the country away from fossil fuels to green energy sources, we have been faced with the reality that demand for these necessary minerals could soon outpace supply. For example,...more
California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more
The drought years leading up to 2023 in the western U.S. saw unprecedented drops in storage in places like Lake Mead and Lake Powell when these reservoirs reached record lows. As a result, the U.S. Bureau of Reclamation told...more
Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs. These resources include groundwater, in-state surface water, Colorado River water, long-term...more
With torrential rains drenching California, state water regulators have endorsed a plan to divert floodwaters from the San Joaquin River to replenish groundwater that has been depleted by heavy agricultural pumping during...more
On Monday, September 12, 2022, a California Court of Appeal upheld a decision that the State Water Resources Control Board (the “Board”) lacks jurisdictional authority to issue curtailment notices to pre-1914 appropriative...more
California legislators reject bill to curb agricultural groundwater pumping - The Bakersfield Californian – September 4 - California lawmakers have rejected proposed legislation seeking to rein in agricultural...more
On September 12, 2022, the Court of Appeal for the Sixth District issued its opinion in the California Water Curtailment Cases, No. 1-15-CV285182 (2022). The court held that the State Water Resources Control Board (State...more
The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters:...more
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
Ramifications for Urban Water Suppliers and Non-Functional Turf - The State Water Resources Control Board (State Board) has adopted an emergency regulation (Regulation) requiring urban water suppliers to implement the...more
As part of a busy few weeks that revealed the severity of the drought California is currently facing, Governor Gavin Newsom issued Executive Order N-7-22. The executive order is the latest in a series of orders aimed at...more
The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action,...more
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
THE DROUGHT CRISIS - 2021 was the driest year California has experienced in a century. At the end of the water year, spanning October 1, 2020 to September 30, 2021, the State received only 11.87 inches of precipitation,...more
Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist. This year has been critically dry and hot for California, resulting in déjà vu as the...more
Federal judge strikes down Trump rule governing water pollution - The New York Times – August 23 - In the latest episode of a long-running battle concerning the reach of federal jurisdiction over surface waters, Judge...more
On June 23rd, California Coastkeeper Alliance (CCKA) filed the lawsuit California Coastkeeper Alliance v. County of Sonoma (Case No. SCV-268718) in Sonoma County Superior Court. According to CCKA’s website, the suit was filed...more
Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin...more