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
December 31, 2016 marked a deadline for oilfield operators to comply with the Division of Oil, Gas and Geothermal Resources’ (“DOGGR”) Aquifer Exemption and Compliance Schedule Regulations. Operators were required to either cease injection of oilfield wastewater or obtain an aquifer exemption to continue injecting such wastewater. This deadline was applicable to 11 aquifers that … Continue Reading
By Wes Miliband and Shannon Morrissey on Posted in ESA,Water
In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change. This case … Continue Reading
By Wes Miliband and Juliet H. Cho on Posted in Water
On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October. The basin boundary changes were implemented under the Sustainable Groundwater Management Act (SGMA) to provide flexibility to local public agencies to bring their groundwater basins … 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
With Senate Bill 1262 (“SB 1262”), California’s Sustainable Groundwater Management Act (“SGMA”) has become firmly rooted into the State’s water supply planning laws. Specifically, SB 1262 amends the Water Supply Assessment statute (commonly referred to as “SB 610”) and the Written Verification statute (commonly referred to as “SB 221”). Background – SB 610 & SB … Continue Reading
This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback. South Coast Air Quality Management District: *Continued Report on New Management: Wayne Nastri, once an SCAQMD Governing Board Member, former USEPA Region IX Regional … 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
Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated. This might come as welcome news to a state that continues to suffer through a historic drought. The researchers found that fresh groundwater was available at depths previously thought to be too … 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
By Tom Henry, Wes Miliband and Eric Skanchy on Posted in Water
Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration agreement provisions of the California Fish and Game Code (“CDFW”). The court ruled that California Fish and Game Code section … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
Despite the wet start of 2016, many parts of California continue to face severe water shortages. The state has grown ever more tapped with groundwater production wells as Californians seek to utilize aquifers to meet their water needs. However, experts have warned that this modern-day “gold rush” for water from underground aquifers may carry serious … Continue Reading
By Shannon Morrissey and Wes Miliband on Posted in Water
On Wednesday, February 10, Senators Dianne Feinstein and Barbara Boxer (Dem.-California) introduced a draft bill with the explicit purpose to “provide short-term water supplies to drought-stricken California and provide for long-term investments in drought resiliency throughout the Western United States.” Entitled, “California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act” … Continue Reading
Earlier this week, environmental consultant Susanne Heim of Panorama Environmental and Stoel Rives water lawyer Wes Miliband hosted the second part of the California Water Webinar series about the Sustainable Groundwater Management Act (SGMA). In this webinar, Susanne and Wes covered implications of the recently adopted emergency regulations to amend groundwater basin boundaries, as well … Continue Reading
By Wes Miliband and Eric Skanchy on Posted in Water
California’s unique geography and climate have allowed the State to become one of the most productive agricultural regions in the world. Over a third of the country’s vegetables and two-thirds of the country’s fruits and nuts are grown in California. In an average year California’s agricultural industry irrigates 9.6 million acres using roughly 34 million … Continue Reading
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
