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Water Supplies Water Rights

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Troutman Pepper

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Bennett Jones LLP

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

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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

K&L Gates LLP

Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

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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

Allen Matkins

California Environmental Law & Policy Update 11.03.23

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The future of California water storage reached a major milestone on Thursday with the finalization of plans for the Sites Reservoir in Northern California. The reservoir would be the second largest off-stream reservoir in the...more

Nossaman LLP

Governor Newsom Signs SB 389 Into Law

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On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (“SB 389”), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (“Water Board”)....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 9.22.23

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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

Schwabe, Williamson & Wyatt PC

New Drought Exemption Protects Oregon Water Rights from Forfeiture

July 17, 2023 Of Counsel On June 7, 2023, Governor Tina Kotek signed into law SB 718, which provides an additional layer of protection for Oregon water right holders in drought-stricken counties. The new law goes into effect...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

Brownstein Hyatt Farber Schreck

Sustainable Water Investment Summit Takeaways: Water Rights, Scarcity and Opportunities

Last week, leaders from a range of industries convened for two days in Los Angeles for Brownstein and WestWater’s inaugural Sustainable Water Investment Summit....more

Nossaman LLP

The Impact of Governor Newsom’s Proposed Budget on Water Projects

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On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more

Integral Consulting Inc.

Water Rights and Managed Aquifer Storage

How water rights are granted and managed in the United States has always been a challenge. Unlike land grants, which are finite areas, water knows no boundaries and flows freely. How water is distributed, managed, and...more

Integral Consulting Inc.

Sustainability, Water and Recapture—Understanding Technology, Environmental, and Water Rights Concerns of Aquifer Storage and...

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According to the National Center for Environmental Information, about 51 percent of the continental United States has been experiencing drought conditions in the summer of 2022. More than 70 percent of the western U.S. faces...more

Brownstein Hyatt Farber Schreck

Draft Updates to the Colorado Water Plan

The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan). The Draft Plan continues to project a water supply gap resulting from hotter and...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

Downey Brand LLP

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

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On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

Nossaman LLP

Metropolitan Water District Announces Required Water Reductions Affecting up to Six Million Californians

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At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from...more

Brownstein Hyatt Farber Schreck

Nevada District Court Strikes Down State Engineer’s Creation of ‘Superbasin’

On April 19, 2022, Clark County District Court Judge Bita Yeager issued a decision vacating the Nevada State Engineer’s (State Engineer) June 15, 2020, Order 1309. Under Order 1309, the State Engineer merged seven...more

Nossaman LLP

How Can Science Help the Voluntary Agreements Succeed?

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Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called...more

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

Brownstein Hyatt Farber Schreck

Watermaster Has No Right to Appeal Trial Court Orders on Water Rights Decrees

On Feb. 23, 2022, the Third District Court of Appeal issued an opinion in Dow v. Lassen Irrigation Company et al, C091965 as to what it believed to be an issue of first impression—whether a watermaster appointed by the trial...more

(ACOEL) | American College of Environmental...

The American West Is Drying Out. Here’s What We Can Do About It.

The American West is in the throes of a “megadrought”—one that’s plagued the region since 2000. Indeed, the Western U.S. has entered an era of water crisis that’s unprecedented in recorded American history. Due to climate...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

Allen Matkins

California Environmental Law & Policy Update - July 2021

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California oil and gas regulators delay health and safety rules - Associated Press – June 22 - It has been a year and a half since Governor Gavin Newsom directed oil regulators to consider new health and safety...more

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