Taking effect earlier this month, Senate Bill 88 was approved overwhelmingly last legislative session and signed by the Governor as another effort to combat drought and water supply shortage conditions in the State of California. Senate Bill 88 – among other things – authorized the State Water Resources Control Board (“State Water Board”) to adopt … Continue Reading
On October 21, 2015, the California Water Commission (“CWC”) adopted emergency regulations formulated by the Department of Water Resources (“DWR”) that establish a process by which local agencies may seek groundwater basin boundary modifications. The proposed regulations are the first of their kind authorizing DWR to formally consider requests by local agencies to modify groundwater … Continue Reading
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
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
As one of many implementation steps under the Sustainable Groundwater Management Act (“SGMA” codified as Water Code §§ 10720 et seq.), basin boundary regulations were released recently by the California Department of Water Resources (“DWR”), with a public comment deadline set for Friday, September 4. DWR is holding public meetings this week to solicit public … Continue Reading
AB 1390 aims in unprecedented fashion to expedite procedures and processes for groundwater adjudications, which, in California, are known to take one or two decades before reaching a final judgment. The bill would add various provisions to the California Code of Civil Procedure that would be codified as Sections 830 through 849. AB 1390 was … Continue Reading
With the Sustainable Groundwater Management Act (“SGMA”) taking effect on January 1, 2015, the California Department of Water Resources (“DWR”) is in full swing of holding public workshops and information sessions to solicit input from stakeholders and other members of the public as well as to answer questions regarding SGMA’s various milestone requirements. On July … Continue Reading
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
The new California Industrial General Storm Water Permit (IGP) is scheduled to take effect on July 1, 2015. That date was also the deadline for facilities already operating under the previous 1997 IGP to submit any updates to their compliance documents. Additionally, facilities newly covered by the new IGP needed to register and submit their … 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
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
On June 4, 2015, the Court of Appeal ruled that California Fish and Game Code section 1602 (“Section 1602”) unambiguously requires notification to the Department of Fish and Wildlife (“Department”) if an entity or individual plans to “substantially divert” water, even when the legal right to use the water was previously established. (Siskiyou County Farm … Continue Reading
June 5, 2015 marked the deadline for lawmakers to pass bills out of their house to the opposite house. Bills that did not pass in their house of origin by that date have effectively died (unless such a bill has been identified as a 2-year bill). Stoel Rives’ Water Law Team has been monitoring water-related … Continue Reading
The wait for the new rule is now over! The EPA and Corps of Engineers have jointly issued the rule defining which waters are protected by the federal Clean Water Act, with the new rule largely reflecting historical interpretations arising from SCOTUS decisions. Please click on this link for more in-depth information and analysis prepared by Michael Campbell from … Continue Reading
On Tuesday, May 19, 2015, the State Water Resources Control Board (“Water Board”) held a Public Workshop regarding the proposed Draft Model Criteria for Groundwater Monitoring (“Model Criteria”). In this meeting, the Water Board heard comments from stakeholders who voiced their support or concern regarding the Model Criteria. Dr. Steven Bohlen, the State Oil & … Continue Reading
On Thursday, May 7, 2015, two environmental groups filed a lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California. The suit, filed by the Sierra Club and the Center for Biological Diversity, claims that the state Division of Oil, Gas and Geothermal Resources (“DOGGR”) should be prohibited from … Continue Reading
On May 5, 2015, the State Water Resources Control Board (“Water Board”) adopted Emergency Regulations implementing a statewide 25% reduction of potable urban water use, which includes commercial, industrial, and institutional water use, in addition to residential water use. These regulations are in response to Governor Brown’s April 1, 2015 Executive Order mandating a statewide … Continue Reading
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
On Thursday, April 2, the California Department of Conservation (“DOC”) published a notice of proposed emergency rulemaking for the state’s Class II Underground Injection Control (“UIC”) program. The purpose of the rulemaking is set a schedule to eliminate injection into non-exempt aquifers so as to ensure that California oil and gas activities are in compliance … Continue Reading
On Wednesday and Thursday this week, the California Senate and Assembly approved Assembly Bill 91 (“AB 91”) and Assembly Bill 92 (“AB 92”), both which are part of the Budget Act of 2015. The legislation allocates $1 billion for emergency response to the state’s ongoing drought. The drought is in its fourth year and Governor … Continue Reading
On Tuesday, March 10, California Environmental Protection Agency Secretary Matthew Rodriquez and California Natural Resources Agency (“CNRA”) Secretary John Laird testified before a joint State Senate committee hearing. At the hearing before the Natural Resources & Water Committee and the Environmental Quality Committee, Rodriguez and Laird confirmed that there has been no drinking water contamination due to … Continue Reading
As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes effect on July 1, 2015. The 2014 Permit contains numerous new acronyms. Below is the quick A to Z … Continue Reading
As previously reported by my colleagues Ryan Waterman and Parissa Ebrahimzadeh, on April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board. … Continue Reading
In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water Districts) conclusion that their approval of the 2012 interim renewal contracts with the U.S. Bureau of Reclamation (Bureau) for Central Valley … Continue Reading
