Tag: State Water Resources Control Board

How Low Can You Go? Proposed Agricultural Waste Discharge Requirements Impose Even More Stringent Demands on Central Valley Farmers

On October 10, 2017, the California State Water Resources Control Board (“Water Board”) issued the second version of an order to modify agricultural waste discharge requirements (“Proposed Order”), under the Irrigated Lands Regulatory Program (“ILRP”).  Through the ILRP, the Water Board regulates discharges from irrigated agricultural lands across the state, especially within California’s Central Valley.  … Continue Reading

New California Groundwater Fees – Another Step Forward for SGMA

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board (“SWRCB”) is the enforcement agency for SGMA. SGMA requires the SWRCB to establish a schedule of fees sufficient to recover the costs incurred by … Continue Reading

New Forecast in California: An End to the Drought (For Now!) in Most Counties

On April 7th, Governor Jerry Brown issued an executive order that lifts the drought emergency in fifty-four of the fifty-eight California counties. After six years of a prolonged drought in California, Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare and Tuolumne. While the drought is declared over for … Continue Reading

Oil Industry Caught in “Catch-22” with New Wastewater Injection Approval Requirements; Files Suit Against California Agencies

On January 19, 2017, three oil industry trade groups filed suit against the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (“DOGGR”) (jointly “Department”) in Kern County Superior Court alleging that DOGGR’s oil field wastewater injection regulations violate operators’ constitutional rights.  Western States Petroleum Association, California Independent Petroleum Association, and … Continue Reading

New Regulations for California Groundwater Management

California has moved one step closer to implementing the Sustainable Groundwater Management Act (“SGMA”), California’s landmark groundwater legislation. On Wednesday, May 18, the California Water Commission adopted a set of regulations that will govern the creation of groundwater sustainability plans (“GSPs”) by local Groundwater Sustainability Agencies (“GSAs”). The emergency regulations, developed by the Department of … Continue Reading

Update on California Water Legislation Regarding Groundwater, Recycled Water and More

October 11, 2015, marked the deadline by which Governor Brown had to act on legislation submitted to him by the legislature in September. In addition to those bills the Governor signed, we note below legislation that has been identified as two-year legislation. Stoel Rives’ Water Law Team has been monitoring water-related legislation, especially given California’s … Continue Reading

Environmental Activists Attack State Water Resources Control Board Order Approving Oil Industry Wastewater Disposal Methods

On August 28, Earthjustice filed a petition with the State Water Resources Control Board (“Water Board”) seeking to overturn a Central Valley Regional Water Board (“Regional Board”) order allowing an oil and gas wastewater disposal company to maintain their ongoing waste water operations, which can employ unlined disposal pits in Kern County. Valley Water Management … Continue Reading

Water Board Signs Off on New Fracking Requirements

Yesterday, July 7, the State Water Resources Control Board (“Water Board”) adopted new requirements (“Model Criteria”) for groundwater monitoring in areas where oil and gas stimulation activities occur, such as hydraulic fracturing. The Water Board was required to develop these requirements pursuant to Senate Bill 4 (“SB 4”). The requirements cover a wide range of … Continue Reading

To Curtail Or Not To Curtail…That Is the Question

On June 12, the State Water Board issued a notice of “unavailability of water” and the “need for immediate curtailment” from various water users holding pre-1914 water rights.  Less than two weeks later on June 23, lawyers for the State Water Board reportedly stated in court this curtailment notice is advisory only, which would seem to … Continue Reading

State Water Board Receives Groundwater Monitoring Recommendations from Experts

The State Water Resources Control Board (“Water Board”) has recently released recommendations from the Lawrence Livermore National Laboratory (“LLNL”) on Model Criteria for Groundwater Monitoring. Pursuant to Senate Bill 4 (“SB 4”), the Water Board is required to develop regulations for sampling, testing, and monitoring groundwater during hydraulic fracturing operations. The bill requires groundwater monitoring … Continue Reading

Water Board Issues Proposed Draft Model Criteria for Groundwater Monitoring

On April 29, 2015, the State Water Resources Control Board (“Water Board”) issued a Notice of Opportunity for Public Comment and Notice of Public Workshop regarding the proposed Draft Model Criteria for Groundwater Monitoring (“Model Criteria”) for areas of oil and gas well stimulation. Senate Bill 4 requires groundwater monitoring for all oil and gas … Continue Reading

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those bills. Stoel Rives is monitoring these bills and will provide periodic updates as the bills move through the legislative process. SENATE … Continue Reading

Proposed Assembly Bill 356 Would Require Additional Groundwater Monitoring by Oil & Gas Operators

California Assemblymember Das Williams (D-Carpinteria) has introduced an oil and gas bill to ensure that the state comes into compliance with the Class II underground injection (“UIC”) requirements under the federal Safe Drinking Water Act (“SDWA”).  According to the U.S. Environmental Protection Agency (“USEPA”), California is currently out of compliance with certain requirements for some Class II … Continue Reading

SB 4 Well Stimulation Treatment Permanent Regulations Finalized

On December 30, 2014, the California Office of Administrative Law (“OAL”) approved the Final Permanent Well Stimulation Treatment Regulations (“Permanent Regulations”).  The regulations go into effect on July 1, 2015, and the Interim Regulations, which were operative all of last year, will remain the governing law in the meantime.  By finalizing the Permanent Regulations, California … Continue Reading

Here Today & Fracked Tomorrow: A Review of SB 4 in 2014

On Wednesday, December 17, I gave a presentation to the Groundwater Resources Association (“GRA”).  I reviewed the past year’s developments in California’s regulation of hydraulic fracturing and previewed my future predictions for the industry.  Below is a summary of my talk and the power point presentation is attached here.… Continue Reading

California High Speed Rail Authority Gains New Approvals to Move Project Forward: Eminent Domain Proceedings Commenced on Eight Additional Parcels in Fresno County

Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various state agencies. First, the Authority received the green light last Friday from the State Public Works Board to begin eminent domain proceedings against eight properties … Continue Reading

BREAKING: California’s General Industrial Storm Water Permit Slated For Adoption on April 1, 2014

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents.  This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit in place since 1997. The Draft Industrial … Continue Reading

How SB 4 Will End Up Taxing the Oil and Gas Industry and Even California’s Consumers: Looming Fee Hikes Will Cover State Water Resources Control Board’s Budget Needs, New Staff Positions

Most of the media has been consumed with talk of a proposed severance tax on oil and gas production, but meanwhile in Sacramento another tax on oil and gas production is being poised to take effect — funding requests to implement SB 4.  The State Water Resources Control Board (“SWRCB”) is asking for more than … Continue Reading
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