Co-authored by Wes Miliband and guest-blogger Hayley K. Siltanen The Ninth Circuit recently ruled that federal reserved water rights held by Indian tribes extend to groundwater underlying reservation lands. Determining the quantity of that groundwater, however, is reserved for another day. In Aqua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, the Ninth … Continue Reading
The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions. According to Senator Pavley, the author of SB 1425, … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
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. As we previously reported, all surface water diverters will be required to report their diversions annually instead of every three years, as previously … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
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
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
Is it too soon to know if Sacramento-San Joaquin Delta landowners will align? Check out today’s Sacramento Business Journal for Melanie Turner’s most recent article regarding California’s plan to restore the Delta, including comments from my partner, Kristen Castaños: . . . it’s too soon to know whether Delta landowners will be aligned. One person’s property … Continue Reading
The Napa County Farm Bureau held its first water forum in five or six years on March 9, in St. Helena, California. Kicked off by Bureau President Jim Lincoln, the event was well attended, with over 100 concerned stakeholders listening to the most recent updates in California water issues. Phillip Miller, the Deputy Director of … Continue Reading
Water Right Holders Still Must Pay SWRCB Water Fees Until Trial Court Determines if Fees are Reasonably Apportioned. On January 31, 2011, the California Supreme Court decided California Farm Bureau Federation v. State Water Resources Control Board, 51 Cal. 4th 421 (2011), (PDF) in which a collective of California water right holders asserted constitutional challenges … Continue Reading
