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Environmental Policies Water Rights Water

DLA Piper

Collection of Patents for Non-Use of Water Use Rights

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The Director General of Water issued Exempt Resolution No. 4155 in December 2024, issued within the framework of Article 129 bis 4 et seq. of the Water Use Code, after consultation with the respective user organizations; and...more

Allen Matkins

California Environmental Law & Policy Update - Special Water Supply Edition

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President Donald Trump on Monday issued a memorandum directing the Secretary of Commerce and the Secretary of the Interior to develop a new plan within 90 days “to route more water from the Sacramento-San Joaquin Delta to...more

Nossaman LLP

New California Legislation on Water Issues – Updated with Signings and Vetoes

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The time for Newsom to sign or veto bills has now passed. Of the nine bills discussed herein, Newsom signed seven and vetoed two. Please see the update below each bill that discusses its resolution....more

Allen Matkins

California Environmental Law & Policy Update 9.20.24

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Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Troutman Pepper Locke

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Nossaman LLP

Governor Newsom Signs SB 389 Into Law

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On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (“SB 389”), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (“Water Board”)....more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Nossaman LLP

The Impact of Governor Newsom’s Proposed Budget on Water Projects

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On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more

Nossaman LLP

Metropolitan Water District Announces Required Water Reductions Affecting up to Six Million Californians

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At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from...more

Nossaman LLP

How Can Science Help the Voluntary Agreements Succeed?

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Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called...more

Snell & Wilmer

Utah Division of Water Rights Announces New Tool to Track Status of Change Applications

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On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications. Change applications propose...more

Snell & Wilmer

Utah Lake/Jordan River General Water Rights Adjudication: I am on the List of Unclaimed Water Rights, Now What?

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This article discusses a specific aspect of the Utah Lake/Jordan River General Water Rights Adjudication: options if you miss the deadline for filing a Statement of Water User’s Claim and your water rights end up on the List...more

Best Best & Krieger LLP

Administrative Hearing Office Proposed for State Water Resources Control Board - Proposed Legislation Would Provide for Efficient...

With the release of California’s budget trailer bill came proposed new legislation that would add an Administrative Hearing Office within the State Water Resources Control Board....more

Butler Snow LLP

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

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Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

Best Best & Krieger LLP

Legislation to Alter State Water Rights Enforcement Action Processes Fails

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California Gov. Jerry Brown vetoed AB 313, which would have shifted the hearing process for certain water rights enforcement actions to a new Water Rights Division within the Office of Administrative Hearings. However, his...more

Best Best & Krieger LLP

House Passes California Water Bill

Yesterday, the U.S. House of Representatives passed Rep. David Valadao’s (R-CA) Gaining Responsibility on Water Act. The legislation is co-sponsored by 14 members of the California Delegation, primarily Republicans. The...more

Allen Matkins

California Environmental Law & Policy Update - June 2016

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Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Allen Matkins

California Environmental Law & Policy Update - January 2016 #2

Allen Matkins on

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

Allen Matkins

California Environmental Law & Policy Update - February 2015 #2

Allen Matkins on

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

Davis Wright Tremaine LLP

Alaska Department of Natural Resources Seeks Comment on Precedent-Setting Instream Flow Water Right

Instream flow rights can be controversial among consumptive water users because they decrease the legally available supply of water for other uses that may arise in the future. Conversely, instream flow rights are often...more

Miller Starr Regalia

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

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In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

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