Focus
State backs environmentalists after water shutoff kills thousands of fish in Kern River
MSN/Los Angeles Times - October 14
California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield. The decision by state officials and California Attorney General Rob Bonta to intervene in the court case gives new impetus to environmental groups as they try to compel the city of Bakersfield and agricultural water districts to bring back a flowing river. Bonta announced on October 14 that he and the California Department of Fish and Wildlife filed a brief supporting environmental groups in the case before the state’s 5th District Court of Appeal. The river suddenly dried up along several miles of its channel in Bakersfield starting in late August.
News
California increases fines for unauthorized water diversions and uses
Allen Matkins – October 23
As California prepares for future cycles of water scarcity, the Legislature continues to prioritize enhancing regulations to address critical water supply needs, secure the rights of diverse water holders, and protect essential environmental resources. On September 22, 2024, Governor Newsom signed AB 460 into law, a bill that significantly increases fines for unauthorized water diversions and other violations of state orders related to water use. AB 460 was introduced in response to limitations in existing California Water Code provisions that capped the maximum fines for violations of appropriative water diversions and uses to $500 per day. Please see our latest alert for a discussion of AB 460 and the implications it may have on your projects.
How full are California’s reservoirs heading into the winter rainy season?
The Mercury News – October 22
On Tuesday, October 22, the 154 largest reservoirs in California were at 114% of their normal capacity for this date, according to data from the state Department of Water Resources. In the past decade, back to 2014, there have only been two years — 2023 and 2019 — when California’s major reservoirs were above 100% of their historical average at the end of October. However, because this summer had several extreme heat waves, the ground in many areas is particularly dry, said Michael Anderson, the state’s climatologist at the Department of Water Resources. If several soaking rainstorms don’t increase moisture levels in the soil before it starts to snow, that increases the chances that more Sierra Nevada snow in the spring will simply melt and soak into the ground, he said, rather than running off and refilling reservoirs.
Judges say Sonoma County’s water policy is a threat to public resources
Sonoma County Gazette – August 23
In a landmark decision that could change how California manages its water, the Sonoma County Superior Court has ruled that Sonoma County violated both the Public Trust Doctrine and the California Environmental Quality Act (CEQA) by adopting a well ordinance that inadequately safeguarded local waterways. The court is ordering the county to conduct extensive environmental assessments and implement new measures to prevent harm to rivers, fish populations, and other public trust resources.
Is California discriminating against people who rely on fish from the ‘Dirty Delta’?
CalMatters – October 8
From the Bay Area to Sacramento and Stockton, from Fresno to north of Redding, Californians — particularly low-income immigrants from Asian countries and other people of color — rely on the San Francisco Bay and the rivers that feed it for food. But the vast watershed is in trouble, plagued by low flows, algal blooms, urban and farm runoff, and a legacy of mercury contamination. The U.S. Environmental Protection Agency is now investigating claims that California’s management of the state’s largest estuary has “discriminated on the basis of race, color, and national origin” with “its failure to update Bay-Delta water quality standards,” which involve how much water is diverted to cities and farms.
California farmers agree to conserve 700,000 acre-feet of water in Lake Mead through 2026
Nevada Current – August 14
The Imperial Irrigation District (IID), which uses more Colorado River water than any other district in the West, has finalized an agreement to leave up to 700,000 acre-feet of water in Lake Mead through 2026. As part of the landmark conservation agreement with the U.S. Bureau of Reclamation, IID will receive federal funding for conservation programs from 2024 through 2026 to conserve up to 300,000 acre-feet a year of water that will remain in Lake Mead to aid the drought-stricken Colorado River. IID’s aggressive conservation efforts are part of the Lower Basin Plan between Arizona, California, and Nevada to conserve 3 million acre-feet of water by 2026 to protect the Colorado River system from extended drought.
State appeals Kings County judge’s groundwater injunction
SJV Water – September 30
The State Water Resources Control Board is appealing a Kings County judge’s preliminary injunction that has forced the state to hold off on measures intended to corral excessive groundwater pumping in the region. The Water Board filed a notice to appeal Kings County Superior Court Judge Kathy Cuiffini’s September 13 ruling. The appeal will be considered at the Fifth District Court of Appeal in Fresno. Though Ciuffini said the Water Board exceeded its authority and made unlawful demands of Kings County water managers in an attempt to control groundwater pumping at a state level, the state continues to stand its ground.
Kern County Subbasin considered for SGMA probation
AgNet West – September 5
The California State Water Resources Control Board is considering placing the Kern County Subbasin on probation because of concerns about its groundwater sustainability plans. A public hearing about this decision is scheduled for February 20, 2025. If the subbasin is put on probation, those using groundwater will need to report their usage and might face fees until the local agencies can properly manage the water.
BLM moves full steam ahead on geothermal energy in Nevada
Las Vegas Review Journal – October 18
Geothermal plants, where hot water is pumped from the ground and later injected back into the aquifer, have been touted as a water-neutral and sustainable way to generate energy. Though some remain concerned about how pumping may dry up springs and alter the flow of groundwater, Nevada law allows these projects to proceed without obtaining local water rights. That’s because the water use is considered “non-consumptive,” meaning that the water that’s pumped is returned back into the ground. The Bureau of Land Management on October 17 proposed a so-called “categorical exclusion” to help speed up federal permitting processes to get such plants constructed.
First salmon in over 100 years seen in Klamath Basin after California dam removal
SFGate – October 19
Fish biologists from the Oregon Department of Fish and Wildlife have spotted a Chinook salmon in a tributary of Oregon’s Klamath River, the first time one had been seen in the Klamath Basin in over a century. The fish’s return marks the success of the historic dam removal project that finished removing four dams along the river in August. In 2002, a lack of river flows along the Klamath River created water quality so poor that thousands of salmon died off in a massive fish kill. The event sparked the efforts of Klamath tribes and other local organizations to eventually have the dams removed.
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