Topic: Regulations — California and Federal

Overview

Regulations — California and Federal

In general, regulations are rules or laws designed to control or govern conduct. Specifically, water quality regulations under the federal and state Clean Water Act “protect the public health or welfare, enhance the quality of water and serve the purposes of the Act.”

Aquafornia news Modesto Bee

OID and SSJID cancel large water sale to thirsty West Side

The worsening drought has canceled a large water sale to West Side farmers by the Oakdale and South San Joaquin irrigation districts. They announced Wednesday that their own customers will need the water, which had been declared surplus in early March. A revised forecast of Stanislaus River runoff scuttled the sale, which could have brought up to $25 million to the sellers.

Aquafornia news North Coast Journal

Releases on the Trinity River to significantly increase flow this week

Restoration flows will begin tomorrow, April 16, on the Trinity River to help improve conditions after another critically dry water year. A flow schedule based on the expected amount of water available to support salmon restoration efforts on the Trinity River is brought forward by the Trinity Management Council each year. This week’s two-day schedule is slated to increase daily average flows from 300 cubic feet per second to 1,300 cubic feet per second.

Aquafornia news The Brentwood Press

State and local groundwater sustainability efforts make progress

While high-profile surface-water initiatives like WaterFix and the Delta Conveyance Project grab most of the headlines pertaining to water management in the state, efforts to make significant changes to the way groundwater is utilized have been underway since 2014. Now, the state and the local water agencies are seeking public comment on documents related to the management of groundwater. In 2014, then-Gov. Jerry Brown signed a three-bill legislative package collectively known as the Sustainable Groundwater Management Act (SGMA) to better manage groundwater supplies over the long term.  

Aquafornia news University of California

Blog: A path toward clean drinking water for all Californians

California was the first U.S. state to legally recognize access to safe, clean and affordable water as a human right. But substantial parts of the state lack access to drinking water that meets those criteria. A new study published by the California State Water Board and supported by UCLA research identifies a risk for failure among a significant portion of the state’s small and medium-sized public water systems. 

Aquafornia news Monterey County Weekly

Judge tells Monterey County to go back to the drawing board on Cal Am desal approval

Monterey County must rescind all approvals of California American Water’s proposed desalination project, per an order from a Monterey County Superior Court judge who earlier this year found the county violated the California Environmental Quality Act by approving the project without identifying a water source. The ruling was handed down April 3 by Judge Lydia Villarreal, who on Jan. 21 granted in part—and denied in part—a writ requested by the Marina Coast Water District regarding the 2019 approvals of the desal plant component of Cal Am’s Monterey Peninsula Water Supply Project.

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Aquafornia news AgNet West

Down to the wire: Ag order 4.0 adoption deadline this Friday

A final decision on the pending Irrigated Lands Regulatory Program known as Ag Order 4.0 is expected by Friday, April 16. Producers have anxiously been monitoring the development of the program from the Central Coast Regional Water Quality Control Board. Stakeholders have repeatedly provided feedback on the proposal, detailing the challenges it would create within agriculture. As the adoption deadline quickly approaches, industry members still have concerns about multiple provisions of the measure.

Aquafornia news Capital Press

Klamath Project to receive historically low water allocation

The U.S. Bureau of Reclamation delivered a gut-punch to Klamath Project irrigators Wednesday, announcing a historically low water allocation as the basin struggles with extreme drought. Farms and ranches in the Project will receive an initial allocation of just 33,000 acre-feet — the lowest total since the shutdown of 2001 and barely 8% of historical demand. That is dramatically lower than the bureau’s original estimate of 130,000 acre-feet based on hydrological conditions at the beginning of March.

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Aquafornia news Politico

Q&A with Radhika Fox, acting head of EPA’s water office

Radhika Fox, a former executive for a nonprofit water advocacy group and water utility official, is leading the Biden administration’s work to incorporate environmental justice into EPA’s water work and chart a course to reverse a litany of Trump-era rollbacks. She comes to the role with a deep history in equity work and water infrastructure advocacy — a focus that she’s already brought to bear in helping to shape President Joe Biden’s call to remove all lead piping from drinking water systems under his massive infrastructure proposal, and in launching a review of the Trump administration’s overhaul of the regulation governing lead levels in drinking water. 

Aquafornia news The Washington Post

Biden picks energy lawyer Tommy Beaudreau as Interior Department’s No. 2 official

President Biden announced Wednesday that he will nominate Tommy Beaudreau to be deputy secretary of the Interior Department, ending a standoff between the White House and senators from fossil-fuel-rich states who derailed the president’s first choice. The selection of Beaudreau, an energy lawyer who was an Obama administration official, came after Sens. Joe Manchin III (D-W. V.) and Lisa Murkowski (R-Alaska) objected to Elizabeth Klein because of her past stance against fossil fuels.

Aquafornia news Marin Independent Journal

West Marin water contamination prompts ranch inspections

The state plans to inspect three dairy ranches in the Point Reyes National Seashore after independent water quality tests conducted in nearby creeks and lagoons earlier this year found E. coli bacteria concentrations up to 40 times higher than state health standards. The San Francisco Regional Water Quality Control Board plans to inspect Kehoe Dairy, McClure Dairy and R&J McClelland Dairy, which are located near Kehoe Creek and waterways that flow into Abbotts Lagoon in the northern region of the national seashore. 

Aquafornia news The Associated Press

Epic drought means water crisis on Oregon-California border

Hundreds of farmers who rely on a massive irrigation project that spans the Oregon-California border learned Wednesday they will get a tiny fraction of the water they need amid the worst drought in decades, as federal regulators attempt to balance the needs of agriculture against federally threatened and endangered fish species that are central to the heritage of several tribes. Oregon’s governor said the prolonged drought in the region has the “full attention of our offices,” and she is working with congressional delegates, the White House and federal agencies to find relief for those affected.

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Aquafornia news KSBW

Monterey County must rescind Cal-Am desal approvals

The Superior Court of California, County of Monterey has told Monterey County it must rescind all approvals for the Cal-Am desalination project. According to the court, the county violated the California Environmental Quality Act by approving the desal project with identifying a water source. The court ruling also means that the county can’t retroactively correct the issue.

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Aquafornia news Los Angeles Times

Scores of tule elk died at Point Reyes seashore in 2020

Tule elk are treasured creatures in California, and for years, animal rights groups have butted heads with the Point Reyes National Seashore over its practice of keeping elk fenced away from nearby cattle ranches. Amid a dry 2020, the groups tried to bring water to the creatures but were rebuffed by the National Park Service. Now the federal agency has released a report indicating that more than one third of the 445 elk fenced in at Tomales Point died this past winter, bringing the population down to 293. 

Aquafornia news Los Angeles Times

Plan to ban California fracking falls short in Legislature

A far-reaching proposal to outlaw hydraulic fracturing and ban oil and gas wells from operating near homes, schools and healthcare facilities failed in the California Legislature on Tuesday, a major setback for progressive leaders who hail the state as the nation’s bellwether on environmental protection. Gov. Gavin Newsom in September called on state lawmakers to ban fracking and voiced his support for safety buffer zones around wells …

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Aquafornia news Northern California Water Association

Blog: The pillars for sustainable water management in the Sacramento River basin

On Wednesday, March 3rd, the Northern California Water Association (NCWA) Board of Directors officially adopted our 2021 Priorities. The water leaders in this region look forward to working with our many partners in 2021 to cultivate a shared vision for a vibrant way of life in the Sacramento River Basin. We will continue to re-imagine our water system in the Sacramento River Basin as we also work to harmonize our water priorities with state, federal, and other regions’ priorities to advance our collective goal of ensuring greater water and climate resilience throughout California for our communities, the economy, and the environment. 

Aquafornia news Water Education Colorado

Blog: Colorado launches major new series of stream protections

Advocates, such as the Colorado Water Trust, a nonprofit that spearheaded the new approach, say the tools can be used as templates across other river basins, where older water rights are already spoken for. … Across Colorado nearly 40,000 miles of streams flow year-round and, as a result, have the potential to receive protection under the state’s Instream Flow Program. 

Aquafornia news Water Education Foundation

Announcement: Last chance to register for next week’s Water 101 workshop

There’s just one week left to register for our Water 101 Workshop, which offers a primer on the things you need to know to understand California water. One of our most popular events, this once-a-year workshop will be held as an engaging online event on the afternoons of Thursday, April 22 and Friday, April 23.

Aquafornia news Voice of San Diego

Controversial project is becoming a pipeline in the sand for local water agencies

The San Diego County Water Authority is no stranger to conflict – virtually all of its dealings over the past decade have been shaped by its feud with the Los Angeles-based Metropolitan Water District of Southern California. Now that feud is fueling fights within the agency itself.

Aquafornia news Imperial Valley Press

IID decides to stand pat on Abatti’s Supreme Court petition

Imperial Irrigation District apparently has decided not to sweat Michael Abatti’s decision to appeal his case against the district to the nation’s highest court. IID announced Monday it will not file a response to Abatti’s petition to the U.S. Supreme Court over his ongoing legal dispute with the district over water rights. The exception would be if the court requests a response. IID General Counsel Frank Oswalt said in a press release that a response is unnecessary.

Aquafornia news Poseidon Water

News release: California Court of Appeal upholds state lands commission approval of Huntington Beach seawater desalination plant

Poseidon Water announced that the Third District California Court of Appeal issued a decision denying the petition by seawater desalination opponents to overturn the Sacramento County Superior Court’s 2019 ruling upholding the California State Lands Commission’s 2017 approval of an amended lease for the proposed Huntington Beach Desalination Project (“Project”). The Court of Appeal decision reaffirms that the State Lands Commission correctly analyzed the Project under the California Environmental Quality Act (CEQA) and that the Project protects the state’s Public Trust resources.

Aquafornia news KOLD News 13

Extreme conditions now sparking drought contingency plan for first time

Extreme drought conditions throughout the West are lowering levels in the crucial water reservoir, Lake Mead. Scars of long years of low precipitation are hard to go unnoticed at Lake Mead, and the hot, dry summers have been felt for the last several years in Arizona. 2020 was especially dry, with little monsoon. Now, the West is in uncharted territory. Lake Mead is projected to drop by several feet this year, from elevation 1,083 to about 1,068, according to officials with the Central Arizona Project. The lake is hovering around 39 percent of its full capacity.

Aquafornia news New Mexico In Depth

A century of federal indifference left generations of Navajo homes without running water

[T]he 800 to 900 people in Tohatchi, and another 600 to 800 in Mexican Springs, eight miles to the west, all depend on a single well and single pump. If the pump running it fails, or if the water level in it drops — both issues that have troubled nearby Gallup this year — water will cut out for the homes, the head-start center, the schools, the clinic, the senior center, five churches, and the convenience store and gas station. … [T]he Navajo Nation has waited more than a century for pipes and water treatment plants that would bring drinking water to all of its people while watching nearby off-reservation cities and farms grow, swallowing up water from the Colorado River Basin that the tribe has a claim to.

Aquafornia news KQED

California could phase out fracking, other oil drilling under bill headed for first test in legislature

Legislation that would gradually phase out fracking and other extraction methods that account for most of California’s petroleum production faces its first big test in Sacramento on Tuesday. The nine-member Senate Natural Resources and Water Committee is set to vote on a proposal, Senate Bill 467, that would bar new permits for hydraulic fracturing, cyclic steaming, steam flooding and water flooding. The legislation would begin taking effect in 2023 and also prohibit renewing existing permits for fracking and the other targeted methods, which a committee bill analysis says accounts for an estimated 80% to 95% of the state’s oil production.

Aquafornia news GV Wire

Tuesday Top of the Scroll: Biden administration declares California drought disaster. What is Newsom waiting for?

U.S. Agriculture Secretary Tom Vilsack designated 50 California counties as natural disaster areas last month because of the drought. And, over the weekend, Fresno Congressman Jim Costa said on KSEE-24’s Sunday Morning Matters program that Gov. Newsom should declare a statewide emergency because of the dangerously dry conditions. …Yet, Newsom… last week rejected a request from a bipartisan coalition of state lawmakers from the Valley to declare a statewide drought emergency. 

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Aquafornia news ABC7 San Francisco

Advocates protest at Point Reyes National Seashore after deaths of rare tule elk, demand removal of fence

Dozens of people gathered at Point Reyes National Seashore Saturday to protest after the deaths of more than 100 rare tule elk. Last week, the National Park Service announced 152 elk in a fenced preserve died in 2020 because of overpopulation and drought conditions. The drought has reduced the amount of water in the area, leading to limited access and malnutrition.

Aquafornia news Brookings

Opinion: Pot, water theft, and environmental harms in the US and Mexico

The government of Mexico is on the verge of legalizing cannabis for industrial, medical, and recreational purposes, legislation that would make Mexico only the third country to legalize all aspects of cannabis production and all types of the plant’s use. … Water theft in California is alleged to be frequently associated with legal and illegal cultivation of cannabis. It equally pervades legal and illegal cannabis cultivation in Oregon and Colorado. 
-Written by Vanda Felbob-Brown.

Aquafornia news The Associated Press

Tensions rise in water battle along Oregon-California line

One of the worst droughts in memory in a massive agricultural region straddling the California-Oregon border could mean steep cuts to irrigation water for hundreds of farmers this summer to sustain endangered fish species critical to local tribes. The U.S. Bureau of Reclamation, which oversees water allocations in the federally owned Klamath Project, is expected to announce this week how the season’s water will be divvied up after delaying the decision a month.

Aquafornia news Office of Governor Gavin Newsom

News release: Nancy Vogel named Deputy Secretary for Water at California Natural Resources Agency

Nancy  L. Vogel of Sacramento has been appointed Deputy Secretary for Water at the California Natural Resources Agency, where she has been Director of the Governor’s Water Portfolio Program since 2019 and was Deputy Secretary of Communications from 2015 to 2017. 

Aquafornia news Sacramento News & Review

Delta tunnel authority changes leaders as Newsom fights the recall by turning to billionaire champions of the project

The little-known Joint Powers Authority charged with getting the embattled Delta tunnel across its finish line recently changed executive directors, marking an exit for Kathryn Mallon, who had stirred controversy for her exorbitant pay and alleged pressuring of a citizens advisory committee to work through the most dangerous part of the pandemic. Meanwhile, as California Governor Gavin Newsom begins campaigning against the effort to remove him from office, he’s soliciting huge donations from the same south-state barons of agriculture who have promoted the environmentally fraught tunnel concept for years.

Aquafornia news Forbes

Blog: Southern California water price jumps 48% in 3 weeks as rainy season disappoints

Californians received a double dose of not so happy water news last month; cutbacks were made to water allocations and a key water price index surged higher. … The state’s Department of Water Resources has wasted no time in sounding alarm bells; officials have already announced 50 percent cutbacks from December 2020’s projected water allotments to State Water Project allocations for the 2021 water year. California residents were warned “to plan for the impacts of limited water supplies this summer for agriculture as well as urban and rural water users.”

Aquafornia news Bloomberg Law

Salton Sea dust, air quality to get closer look in California

California’s shrinking Salton Sea is getting a closer look scientifically with the state, local air districts, and community groups examining air, water, and even dust from the parched shoreline where water was once plentiful. The increased scrutiny comes as the state has continuously failed to meet dust suppression and habitat goals set in a 2017 management plan to restore nearly 30,000 acres of the state’s largest body of water by 2028. The sea spans Imperial and Riverside counties near the Mexican border, where disadvantaged communities breathe some of the nation’s worst air and suffer from high asthma rates. Chronic nosebleeds are also common.

Aquafornia news State Water Resources Control Board

News release: Report offers first in-depth picture of California water systems struggling to provide safe drinking water

The State Water Resources Control Board announced the completion of its first-ever comprehensive look at California water systems that are struggling to provide safe drinking water to communities and how to help them. With criteria for the state’s Human Right to Water list recently expanded, the assessment identifies both failing water systems and those at risk of failing, offering the most indepth view of long-term drinking water safety the state has ever had.

Aquafornia news U.S. Bureau of Reclamation

News release: Reclamation announces 2021 spring flow releases on the Trinity River as part of restoration program

The Bureau of Reclamation announced today that this year’s restoration flow schedule for the Trinity River will begin on April 16. Each year, the Trinity Management Council advances a flow schedule based on the expected amount of water available to support salmon restoration efforts on the Trinity River. Due to lack of precipitation and snowpack in the Trinity Mountains this winter, the flow schedule for 2021 is scaled to a critically dry water year. Critically dry is one of five water year types used by the Trinity River Restoration Program to decide how much reservoir water will be released in support of the program’s goals to improve habitat for anadromous fish—fish that migrate to fresh water from salt water to spawn—like salmon and steelhead.

Aquafornia news State Water Resources Control Board

News release: Water Board leverages EPA support to protect water quality in seven counties

The California State Water Resources Control Board (the State Board) will use $4.4 million of a U.S. Environmental Protection Agency (EPA) grant to fund projects in seven counties around the state. EPA’s Nonpoint Source Program grant assists the State Board in implementing programs to address pollution caused by runoff moving over the ground, known as nonpoint source pollution. The Marin Resource Conservation District was awarded over $700,000 by the State Board for its Conserving Our Watersheds Program. This project helps ranchers within the Point Reyes National Seashore prevent nitrogen, phosphorus, sediment, and bacteria from livestock operations from running off into Tomales Bay. Tomales Bay supports oyster production and recreational activities including kayaking and fishing.

Aquafornia news Sierra Sun Times

Court rules Marin County’s protections for endangered coho salmon inadequate, Center for Biological Diversity reports

The Marin County Superior Court last Friday ruled that the county in Northern California failed to adequately protect coho salmon and their habitat in the San Geronimo Valley. Marin County originally planned to adopt a streamside conservation ordinance to preserve vegetation, maintain water quality and prevent erosion in 2007 when it last updated its countywide plan. But 12 years later, the measure has still not materialized, in violation of the California Environmental Quality Act. The lawsuit was brought by the Salmon Protection And Watershed Network (SPAWN) and Center for Biological Diversity. 

Aquafornia news Grist

7 million Californians live near oil and gas wells. This bill could change that

Despite its green reputation, California has a big fossil fuel problem on its hands: neighborhood oil and gas drilling. In California, there’s nothing preventing frackers or drillers from setting up shop right next to your home, school, or hospital — and indeed, this is the reality for 7.4 million Californians currently living within 1 mile of oil and gas drilling operations, who are disproportionately non-white and low-income. Now, a new state bill called S.B. 467, slated for a hearing in the California Senate Committee on Natural Resources and Water on Tuesday, may reshape the lives of frontline communities by eliminating fracking and instituting mandatory buffer zones between oil and gas extraction and places where Californians live, work, and study. 

Aquafornia news Sonoma West

Water rates heading back to council on Wednesday

The theme of the April 14 meeting of the Cloverdale City Council is seemingly water — the council will be viewing a presentation on its updated water and sewer rate study and giving direction on whether or not to proceed to a public hearing with new rates, and will also be discussing whether or not it wants to join the Sonoma-Marin Saving Water Partnership. 

Aquafornia news Los Angeles Business Journal

Cadiz faces new suit over water pipeline

Another legal challenge has been launched against a project by downtown-based water infrastructure company Cadiz Inc. to pump and transport water from its desert aquifer to connect with existing water conveyance systems. This latest lawsuit was filed March 23 against the Bureau of Land Management by the Center for Biological Diversity, Earthjustice and the Sierra Club. It asks the federal court to overturn a December BLM decision to approve the conversion of an idle oil and gas pipeline to carry water from Cadiz’s desert aquifer. Cadiz is not a direct party to the lawsuit but would be impacted by a decision resulting from the suit. The filing marks the third decade in which Cadiz’ water transfer plan has faced legal challenges from environmental groups. 

Aquafornia news Somach Simmons & Dunn

Blog: SWRCB adopts resolution approving state wetland definition and dredge and fill procedures

On April 6, 2021, the State Water Resources Control Board (State Board) approved the application of the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures) as a water quality control policy, carefully avoiding the scope of a recent court order.  This resolution will allow the Board to directly apply the water Procedures to waters of the State as an exercise of its policy-making authority rather than the water quality control planning process.

Aquafornia news Capital and Main

Blog: California is greenlighting oil wells linked to groundwater pollution

Throughout 2020 and early 2021, California issued more than 300 permits to oil and gas companies for new underground injection wells — an intensive form of oil production and wastewater disposal. But the actual number of new injection wells is likely higher, owing to the state’s opaque approval process that has drawn scrutiny from auditors and environmentalists. Some of these undercounted wells may be polluting groundwater used for public drinking and agricultural purposes, according to regulatory filings reviewed by Capital & Main. The impact of injection wells on groundwater in California is understudied, regulators say. 

Aquafornia news UC San Diego News Center

New research: Scientists map “pulse” of groundwater flow through California’s Central Valley

Groundwater is a key resource for water users in California’s Central Valley, a major agricultural hub with an economic output of tens of billions of dollars annually. Surface deformation in the Central Valley has long been linked to changes in groundwater storage, but the timing and movement of water flow beneath the surface has been poorly understood due to a lack of reliable data. Now, for the first time, scientists at the University of California San Diego’s Scripps Institution of Oceanography and School of Global Policy and Strategy, as well as the U.S. Geological Survey are using advanced satellite data to map the “pulse” of groundwater flow through the San Joaquin Valley, the southern portion of the Central Valley.

Aquafornia news San Francisco Chronicle

SF Baykeeper sues Biden administration to list local longfin smelt as endangered species

A tiny silver fish few people in the Bay Area have heard of could be a new symbol of the state’s continuing battle over water resources. San Francisco Baykeeper sued the Biden administration on Thursday to list the local population of longfin smelt as an endangered species. The environmental group’s legal action comes nine years after the federal government first declared that the fish warranted that status. Once an important source of food for marine mammals, birds and chinook salmon, the local population of the longfin smelt has dropped by 99.9% since the 1980s. Scientists and environmentalists say that reduction is a direct result of too much water from the Sacramento-San Joaquin river system being diverted to farms and other water users rather than flowing through the bay to the Pacific.

Aquafornia news Storm Water Solutions

Blog: California is ramping up its efforts to address sources of pyrethroid concentrations in its watersheds

In June 2017, the California Regional Water Quality Control Board and the Central Valley Region adopted a Basin Plan Amendment for the Sacramento River and San Joaquin River Basins for the control of pyrethroid pesticide discharges. The amendment establishes controls for pyrethroid discharges, including prohibition of discharges of pyrethroid pesticides above certain concentrations, total maximum daily loads (TMDLs) for pyrethroid pesticides, recommendations for agency regulation of pyrethroids and potential monitoring requirements. Synthetic pyrethroids are the most common forms of commercially available urban pesticides for ants, termites and flying insects…

Aquafornia news Patch

City of St. Helena fails drinking water standard

The city of St. Helena’s water system recently failed a drinking water standard, city officials said Thursday evening. … The city routinely monitors its distribution system for the presence of drinking water contaminants. Testing results received for Nov. 10, 2020, and March 9, 2021, showed the system exceeded the standard or maximum contaminant level —MCL — for haloacetic acids, or HAA, [Jo Ann Burkman, acting chief operator for the city's water division] said. The standard MCL for haloacetic acids is 60 ug/L; the running annual average for the LSWTP Distribution System in the fourth quarter of 2020 measured 68 ug/L…

Aquafornia news Water Education Foundation

Announcement: Updated Layperson’s Guide to the Central Valley Project hot off the press

Our Layperson’s Guide to the Central Valley Project has just been updated to reflect the latest developments affecting California’s largest surface water delivery system. The 24-page guide explores the history of the Central Valley Project, from its roots as a state water project that stalled amid the Great Depression to its development as a federal project that stretches from Shasta Dam in far Northern California to Bakersfield in the southern San Joaquin Valley. 

Aquafornia news CalMatters

Opinion: California needs comprehensive groundwater management

While California’s landmark Sustainable Groundwater Management Act promised comprehensive protection of the state’s groundwater, significant gaps remain in its coverage.  The Department of Water Resources now has an opportunity to reduce or eliminate those gaps and should seize the moment. We know all Californians will experience another year of water shortages and warmer, drier conditions that will require conservation and which are likely to fuel destructive wildfires in our forests and around our communities. We are all in this together. Groundwater is critical for California, particularly in dry years when it provides up to 60% of the water supply for farms and people. 
-Written by Jeanette Howard, director of The Nature Conservancy’s freshwater science team; Melissa M. Rohde, a groundwater scientist at The Nature Conservancy; and Barton H. Thompson, senior fellow of the Woods Institute for the Environment, and faculty director of Water in the West at Stanford University.

Aquafornia news BBC News

The water fight over the shrinking Colorado River

Scientists have been predicting for years that the Colorado River would continue to deplete due to global warming and increased water demands, but according to new studies it’s looking worse than they thought. That worries rancher Marsha Daughenbaugh, 68, of Steamboat Springs, who relies on the water from the Colorado River to grow feed for her cattle. … Recent reports show that the river’s water flows were down 20% in 2000 and by 2050 that number is estimated to more than double.

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Aquafornia news KPBS

Sewage flows continue to foul south San Diego County beaches

South Bay officials are beginning to run out of patience over the continued cross-border flow of sewage-tainted water. The pollution warning signs have been up most of 2021 on the sand in Imperial Beach. Last Friday, the pollution flowed north to Coronado, forcing beach closures there. Imperial Beach’s top officials are fed up.

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Aquafornia news ABC30 Action News

Thursday Top of the Scroll: California legislators want Gov. Newsom to declare state of emergency over water ‘crisis’

California’s hottest commodity could become even more scarce as state and federal officials announce water cutbacks on the brink of another drought. Now, state legislators are banding together to ask Governor Newsom to declare a state of emergency amid what they call a water crisis. … [State Senator Andreas] Borgeas authored a letter alongside the Assembly agriculture committee chair and several other state lawmakers to send to the governor. This comes after the California Department of Water Resources announced a 5% allocation to farmers and growers in late March.

Related articles: 

Aquafornia news Cal Coast News

SLO County supervisors open the door to water banking

A barely-noticed action early in March by the San Luis Obispo County Board of Supervisors likely has placed greater control of the region’s water supply in the hands of a few individuals and private water agencies. On a split 3-2, north-south vote, supervisors on March 3 approved an amendment to the county’s contract with the state of California for deliveries from the State Water Project (SWP). An approval that creates the opportunity, some say, for a controversial practice called “water banking.”

Aquafornia news The Mercury News

Sunnyvale fined $187,000 for San Francisco Bay sewage spill

State water pollution officials have hit the city of Sunnyvale with $187,000 penalty after the city’s wastewater treatment plant spilled more than a quarter million gallons of partially treated sewage into San Francisco Bay last summer. The spill occurred on July 29 when a 36-inch welded steel pipeline ruptured, releasing 292,600 gallons — the equivalent of about 12 backyard swimming pools — of partially treated sewage that had not been disinfected into channels that flow into the bay near Moffett Field. … The spill was one of the two largest illegal discharges from a Bay Area sewage treatment plant into San Francisco Bay over the past six years …

Aquafornia news Manteca Bulletin

SSJID, OID still waiting for federal approval of plan to help threatened fish & stressed farmers

OID and SSJID … have invested considerable money into improving salmon habitat on the Stanislaus River and as well as conservation measures aimed at reducing growers’ use of water — have proposed pushing the spring pulse flow from an anticipated 1,400 cfs at Vernalis to almost 3,000 cfs. … The SSJID and OID have also worked with the San Luis & Delta-Mendota Water Authority and State Water Contractors that may get only 5 percent of the water they need from the Bureau this year to purchase the [water] by diverting it once it enters the Delta.  

Aquafornia news US Department of the Interior

News release: Robert Anderson nominated as solicitor of the Department of the Interior

Robert (Bob) Anderson’s nomination as Solicitor of the Department of the Interior was formally transmitted by the White House to the United States Senate today. Bob has served as Interior’s Principal Deputy Solicitor since January 20, 2021. … For 20 years, Bob was a law professor at the University of Washington and directed its Native American Law Center. He has been the Oneida Indian Nation Visiting Professor of Law at Harvard Law School for the past twelve years. He is a co-author and editor of the leading federal Indian Law treatise, Cohen’s Handbook of Federal Indian Law, and is a co-author of a leading textbook on American Indian Law. He has extensive expertise and has published many articles in the fields of natural resources law, water law, and American Indian law.   

Aquafornia news Water Education Colorado

Blog: After Clean Water Act setback, state to ask lawmakers for new authority

For the second time in less than a year, state health officials plan to ask lawmakers to fast-track permitting authority over hundreds of miles of streams left unprotected after a 2020 Trump Administration rollback of federal Clean Water Act rules. The Colorado Department of Public Health and Environment’s move comes just weeks after a federal court denied Colorado’s effort to prevent the new federal rules from taking effect.

Aquafornia news Water Education Foundation

Announcement: Explore California’s water basics & the lifeblood of the Southwest during upcoming virtual events

Our two-day Water 101 Workshop begins on Earth Day, when you can gain a deeper understanding of California’s most precious natural resource. One of our most popular events, the once-a-year workshop will be held as an engaging online event on the afternoons of Thursday, April 22 and Friday, April 23. California’s water basics will be covered by some of the state’s leading policy and legal experts, including the history, geography, legal and political facets of water in the state, as well a look at hot topics and current issues of concern.

Aquafornia news The Modesto Bee

Opinion – Are water wars about to boil?

Not counting long and ugly court battles, the two most likely solutions to California water wars are voluntary agreements or involuntary edicts. Our Modesto Bee Editorial Board long has favored voluntary agreements, or compromises negotiated mainly between local irrigation districts (representing our farmers) and state and federal officials. The other side, chiefly represented by environmental and fishing interests, would prefer that the California State Water Board simply take huge amounts of water from our Stanislaus, Tuolumne and Merced rivers, mostly to benefit fish — what could be called involuntary edicts. 
-Written by Garth Stapley, The Modesto Bee’s opinion editor.

Aquafornia news Agri-Pulse Communications, Inc.

Wednesday Top of the Scroll: After court ruling, Water Board updates California’s version of WOTUS

The State Water Board on Tuesday approved an update to dredge and fill procedures for wetlands considered waters of the state. According to staff, the new resolution simply reflects a recent court decision that the board cannot centralize all of its water plans and policies under one regulatory umbrella. For water interests, however, the resolution raised significant concerns and could create conflicts with regulations that directly impact agriculture. Valerie Kincaid, an attorney representing a coalition of valley water agencies, contended the new resolution fails to comply with the judgement and threatens to compromise the board’s integrity.

Aquafornia news California Fisheries Blog

Blog: Drastic measure to meet Delta outflow

For seven days in mid-March 2021, the Bureau of Reclamation substantially increased Folsom Lake storage releases. Roughly, the releases tripled in volume (Figure 1). The release of over 20,000 acre-feet of water is significant for a year in which Folsom storage is not much better than it was in the worst year on record – 1977 (Figure 2).1 With the release in mid-March, the lake level dropped 3 feet. Yes, there was rain in the forecast and a decent snowpack, but certainly no flood concerns. So why? The reason was to meet state water quality requirements for Delta outflow. Delta outflow increased from 7,000 cfs to 12,000 cfs for a few days (Figure 3).

Aquafornia news The Associated Press

Vegas water agency asks lawmakers to ban ornamental grass

Las Vegas water officials want state lawmakers to require the removal of thirsty grass landscaping that isn’t used for recreation. Southern Nevada Water Authority lobbyist Andy Belanger told lawmakers Monday that climate change and growth in the Las Vegas area would require communities to take more significant measures to conserve water. The agency estimates that more than 5,000 acres of “nonfunctional turf” — grass not used for recreational activities like golf, youth sports or dog-walking — is spread throughout the region.

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Aquafornia news Arizona Republic

As Colorado River drought deepens, Arizona prepares for water cutbacks

Unrelenting drought and years of rising temperatures due to climate change are pushing the long-overallocated Colorado River into new territory, setting the stage for the largest mandatory water cutbacks to date. Lake Mead, the biggest reservoir on the river, has declined dramatically over the past two decades and now stands at just 40% of its full capacity. This summer, it’s projected to fall to the lowest levels since it was filled in the 1930s following the construction of Hoover Dam. The reservoir near Las Vegas is approaching a threshold that is expected to trigger a first-ever shortage declaration by the federal government for next year, leading to substantial cuts in water deliveries to Arizona, Nevada and Mexico.

Aquafornia news The Associated Press

Nevada farmers and conservationists balk at “water banking,” an idea also being weighed in Colorado

Rural water users are panicking over a proposal to create a market for the sale and purchase of water rights in Nevada, unconvinced by arguments that the concept would encourage conservation. Lawmakers on Monday weighed whether so-called “water banking” would be preferable to prevailing water law doctrines that govern surface and groundwater rights disputes in the driest state in the U.S. A legislative hearing about two proposals to allow water rights holders to sell their entitlements pitted state water bureaucrats against a coalition of farmers, conservationists and rural officials. 

Aquafornia news The San Diego Union-Tribune

Newsom California fracking ban vision exceeds original scope

When Gov. Gavin Newsom voiced his support last year for a ban on hydraulic fracturing by oil and gas companies, an effort long fought by the industry and trade unions alike, he gave Democrats a green light to send him legislation to achieve that goal as they saw fit. But the crackdown on oil and gas production under consideration by the California Legislature is much wider in scope than the plan requested by the governor, who may get more than he bargained for as he shoulders the pressures of carrying out the state’s COVID-19 pandemic response while battling a looming recall election. The ambitious proposal would outlaw hydraulic fracturing, or fracking, and a series of other oil extraction methods reviled by environmental activists. 

Aquafornia news San Mateo Daily Journal

Fishermen worried over salmon season

With commercial salmon fishing in California likely headed toward a shortened season starting in late June, fishermen out of Half Moon Bay remain worried about what a short season means during an already down year. … The shortened season will be set based on an estimated low stock of chinook salmon derived from statistical modeling. An ocean abundance forecast of adult salmon estimated the Sacramento River in 2021 to have around 271,000 salmon, while the Klamath River had around 181,500, both lower than their 10-year averages of 487,600 and 449,000, respectively, Morgenstern said.

Aquafornia news California Department of Justice

News release: California Department of Justice expresses concern over proposal to allow exploratory drilling in the Suisun Marsh

The California Department of Justice (DOJ) filed comments with the U.S. Army Corps of Engineers (Army Corps) regarding Sunset Exploration’s proposal to drill for natural gas in the Suisun Marsh. Located in the San Francisco Bay-Delta, this 88,000-acre wetland is home to a number of endangered and threatened species, including California Ridgway’s rail, black rail, and Chinook salmon – and is just a few short miles from environmental justice communities in Solano County…. DOJ urges the Army Corps to fully consider the proposal’s significant environmental impacts, including harm to these communities and protected species, as well as increased greenhouse gas emissions, before deciding whether to grant the requested permit.

Aquafornia news Monterey Herald

Pure Water Monterey expansion SEIR revision work approved

A $230,000 revision of the Pure Water Monterey expansion project’s environmental review document will move forward after the Monterey One Water board approved the work earlier this week. At the same time, board members backing the study revision made it clear they wouldn’t support approving the recycled water expansion proposal itself until an outside funding source is available. On Monday, the Monterey One Water board voted 7-3 to approve the work needed to update a supplemental environmental impact report for the expansion proposal, including consultant contracts and a cost-sharing agreement with the Monterey Peninsula Water Management District whose board agreed last month to cover most of the revision’s cost. 

Aquafornia news Colorado Politics

Judge tosses challenge from environmental groups to halt Denver Water reservoir expansion

A federal judge has thrown out a legal action from multiple environmental organizations seeking to halt the expansion of a key Denver Water storage facility, citing no legal authority to address the challenge. … The expansion of Gross Reservoir in Boulder County is intended to provide additional water storage and safeguard against future shortfalls during droughts. The utility currently serves customers in Denver, Jefferson, Arapahoe, Douglas and Adams counties. In July 2020, the Federal Energy Regulatory Commission gave its approval for the design and construction of the reservoir’s expansion. The project would add 77,000 acre-feet of water storage and 131 feet to the dam’s height for the utility’s “North System” of water delivery.

Aquafornia news The Associated Press

Agencies: Arizona farmers should expect less water in 2022

State officials are putting farmers in south-central Arizona on notice that the continuing drought means a “substantial cut” in deliveries of Colorado River water is expected next year. A joint statement issued Friday by the state Department of Water Resources and the Central Arizona Project said an expected shortage declaration “will result in a substantial cut to Arizona’s share of the river, with reductions falling largely to central Arizona agricultural users.” The Central Arizona Project is an aqueduct system that delivers Colorado River water to users in central Arizona and southern Arizona, including farmers, cities and tribes.

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Aquafornia news Long Beach Press-Telegram

Push to reduce plastic waste gains traction in Sacramento and D.C.

If the mountain of proposed legislation is any indication, lawmakers are increasingly primed to crack down on the plastic waste that is littering roadsides, washing onto beaches and into oceans, being digested by fish, and ending up in our own bellies. In Sacramento, at least a dozen bills go after plastic pollution from a variety of angles, including reducing the amount of single-use plastics and refilling returnable beverage bottles. And in Washington, D.,C., a sweeping federal proposal co-authored by Rep. Alan Lowenthal, D-Long Beach, would place much of the responsibility for plastic reduction and recycling on companies that make and utilize single-use plastics. 

Aquafornia news National Law Review

California State Water Board’s construction stormwater permit for 2021

Barack Obama was seven months into his first term as President of the United States, the World Health Organization had declared a H1N1 flu pandemic, and the California State Water Resources Control Board (State Board) adopted the current Construction General Permit for Stormwater Discharges (Permit or CGP). It was September 2009. Now, having administratively extended the Permit since 2014 when, by its terms, the Permit expired, the State Board may, under a schedule released late last year, soon release a new draft CGP for public comment, with a goal of adopting it late this summer. As with the current permit, the proposed new CGP will regulate the discharge of pollutants from construction sites in California. 

Aquafornia news Public Policy Institute of California

Fact sheet: Access to safe drinking water

Although most residents have safe drinking water, more than 250 water systems serving 900,000 people were out of compliance with drinking water standards in 2020. This is a chronic issue for some systems; more than 170 have been out of compliance for three or more years. More than half of these noncompliant systems are in the San Joaquin Valley—California’s largest farming region and home to a third of the state’s low-income communities. Some tribal water systems face similar challenges. Data are lacking on water quality provided by roughly 1,500 very small, county-regulated water systems and more than 350,000 domestic wells, but some of these supplies may have chronic issues as well.

Aquafornia news Manteca Bulletin

Deal to help fish threatened by federal agencies

Water releases designed to benefit the critical outmigration of juvenile salmon on the Stanislaus River as well as assist farms and communities along the west side of the San Joaquin Valley already starting to suffer the effects of two consecutive dry years is languishing in the federal bureaucracy. Up to 100,000 acre feet is proposed to be released that belongs to the South San Joaquin and Oakdale irrigation districts that would provide a critical impulse flow from April 15 to May 15. That water based on measurements at Vernalis south of Manteca where the Stanislaus River joins the San Joaquin River would significantly improve the survivability of the threatened salmon.

Aquafornia news Downey Brand LLP

Blog: Latest California State Water Board investigative order for PFAS targets bulk fuel storage terminals and refineries

Last week, the California State Water Resources Control Board (State Water Board) officially released an order (the Order) to investigate and sample for per- and polyfluoroalkyl substances (PFAS) at over 160 bulk fuel storage terminals and refineries throughout California. The State Water Board’s Order is the latest action in a series of investigative orders over the last two years to study and identify industrial and municipal sources of PFAS in California including at airports, landfills, manufacturing facilities, chrome platers, and wastewater treatment facilities.

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Aquafornia news National Review

Opinion: Reform California’s water policies

As California emerged from a historically tough five-year drought in 2017, then-governor Jerry Brown signed two new laws that required local water agencies to limit water use to 55 gallons per person per day, with water-use allotments dropping to 50 gallons by 2030. Despite some misreporting to the contrary, these limits on individuals were not enforceable. Instead, the state imposed fines on districts that failed to meet the new targets. It was pretty clear what direction the state was taking: Since then, California has gone all in for extreme conservation measures that could eventually lead to rationing as water-use allotments drop. Unless something changes, it may be only a matter of time before such policies lead to personal restrictions on lawn-watering, car-washing, and even showering.
-Written by Steven Greenhut, the western-region director for the R Street Institute and a columnist for the Southern California News Group.

Aquafornia news Galt Herald

Groundwater status, plan discussed at meeting

Seven agencies that have been working together to sustain the groundwater in the Cosumnes Subbasin, which includes the communities of Galt, Herald, Wilton and Rancho Murieta South, held a workshop March 24. The presentation was intended to help residents understand how groundwater will be used in the next two decades in the Cosumnes Subbasin. The group has until Jan. 31, 2022 to submit its plan to the state on how it intends to meet its target of replacing 20,000-acre feet per year (AFY) in underground basins called aquifers to sustain the groundwater. One of the takeaways from meeting is the plan will cost $2.25 million in the early years. 

Aquafornia news University of California, Agriculture and Natural Resources

Report: The first SGMA groundwater market is trading – The importance of good design and the risks of getting it wrong

A groundwater market, which caps total pumping within one or more basins, allocates portions of the total to individual users and allows users to buy and sell groundwater under the total cap, is a promising tool for basins implementing California’s Sustainable Groundwater Management Act (SGMA). … [G]roundwater markets can be a useful tool for achieving basin sustainability, but they are not a good fit for every basin or groundwater sustainability agency (GSA). … The Fox Canyon groundwater market benefitted from the four enabling conditions (water scarcity, fixed allocations, agricultural stakeholder support, and capacity and funding) described below.

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Aquafornia news Stanford University and The Nature Conservancy

Report: Mind the Gaps: The case for truly comprehensive sustainable groundwater management

On its face, SGMA appears to promise comprehensive groundwater management. The legislature sought to “provide for the sustainable management of groundwater basins”. SGMA therefore “applies to all groundwater basins in the state”…. DWR has ranked only 18 percent (94 out of 515) of Bulletin 118 groundwater basins as medium or high priority, although these basins account for virtually all of current groundwater pumping in the state. The result is a fragmented regulatory system that leaves significant gaps in the sustainable management of California’s groundwater.

Aquafornia news Mammoth Times

County scores win to keep Long Valley green – for now

The huge, lush green meadows that stretch between the S.R. 203 junction with U.S. 395 and Crowley Lake may seem like they have been there forever but in reality, their existence has been under threat for several years after the Los Angeles Department of Water and Power threatened to withdraw much of the water from the meadowlands a few years ago, stating it needed the water for its own uses. If implemented, the proposed ‘de-watering’ of much of the massive meadows would have turned them into sage and dust, destroying wildlife habitat, historic cattle grazing leases, the fishing habitat along Hot Creek and the Upper Owens River and much more. 

Aquafornia news Latham & Watkins

Blog: California water law – Legal challenges of water supply assessments

Mark Twain is often credited with saying, “Whiskey is for drinking; water is for fighting over.” This remains true in California, where drought conditions, climate change, and population growth throughout the state’s history have made water an increasingly valuable and regulated resource. The legal landscape involves complex questions related to water quality, water sustainability, and competing claims to water rights. One notable area of controversy involves the adequacy of water supply for new development projects.

Aquafornia news Your Central Valley.com

Explaining California’s complex water system with emotion and storytelling

California has one of the most complex and complicated water systems in the nation. There are hundreds of water districts, different reservoirs and rivers and canals controlled by different jurisdictions, and lots of politically charged legislation.   Understanding this system is a difficult undertaking, but those at the Modesto Irrigation District believe they’re up to the task.   Through emotional storytelling and strong characters, the MID set out to explain how the rivers in their district nourish communities by talking to the men and women who depend on them. The interviews and stories eventually turned into a feature-length documentary called Until the Last Drop.  

Aquafornia news Holtville Tribune

Abatti files petition with U.S. Supreme Court

Imperial Valley grower, landowner, and former elected official Michael Abatti has filed a petition for “writ of certiorari” with the U.S. Supreme Court seeking review of the California Court of Appeal, Fourth Appellate District’s decision in Abatti v. Imperial Irrigation District, according to a press release from Abatti and his legal team. Michael Abatti, Imperial County farmer Abatti is seeking to overturn a previous appellate court ruling that asserts Imperial Irrigation District is the “sole owner” of water rights in the Valley, and farmers do “not (have) an appurtenant water right” but rather are entitled merely to “water service” that is subject to modification by the district at its discretion, the press release states.

Aquafornia news Business Wire

News release: Rural, disadvantaged California community solves century-old water quality issue by tapping the sky

Arsenic naturally occurs in the region’s groundwater and Allensworth is served by two groundwater wells that have contained arsenic levels up to 60 percent higher than state defined safety levels for drinking water. … To tackle those challenges in Allensworth, the community is collaborating with SOURCE to outfit their local community center with two Hydropanels to sustainably generate drinking water. The Hydropanels use the warmth of the sun to draw clean, pollutant-free water vapor out of the air through a patented, water-absorbing material and into a reservoir inside the panel. 

Aquafornia news Allen Matkins

Blog: 2021 land use, environmental & natural resources update

With the end of the first quarter of 2021 approaching, we thought it timely to issue an update on selected recent developments and proposed changes in law and policy touching environmental, land use, and natural resource issues. At the national level, with the new Biden administration, federal policies already have undergone a significant sea-change from those of the Trump administration. And the Golden State continues to lead with a protective agenda on land use, environmental, and natural resources legislation and regulation.

Aquafornia news Humboldt County

News release: Marijuana Enforcement Team Operation in Salmon Creek

On March 24, 2021, deputies with the Humboldt County Sheriff’s Office Marijuana Enforcement Team (MET) served one search warrant to investigate illegal cannabis cultivation in the Salmon Creek area. … Assisting agencies found one water diversion violation (up to $8,000 fine per day, per violation). Additional violations with civil fines are expected to be filed by the assisting agencies.

Aquafornia news NRDC

Blog: California and feds still plan to drain reservoirs & kill salmon

Updated water supply allocations announced last week would still drain upstream reservoirs in order to deliver 4.5 million acre feet of water to the contractors of the federal Central Valley Project (CVP) and State Water Project (SWP), devastating fish and wildlife. This week, the fisheries biologists at the National Marine Fisheries Service projected that these planned operations are likely to result in lethal water temperatures that will kill 89% of endangered winter-run Chinook salmon below Shasta Dam this year. This mortality estimate is even worse than what was observed in 2014 and 2015, when salmon populations were devastated by warm water in their spawning grounds. 

Aquafornia news The Hill

Tuesday Top of the Scroll: Biden lays groundwork for environmental regulations

In the coming weeks, officials are expected to release a new plan for reaching the goals set out under the Paris Climate Agreement and recommend changes to several national monuments. More broadly, the administration is considering steps that could include taking a harder line on climate regulations. … The Biden administration has also listed dozens of Trump-era environmental rules across several agencies that it plans to review, including rules governing air quality standards, water pollution and greenhouse gas emissions.

Aquafornia news Bloomberg Law

Industry eyeing EPA’s hustle to control ‘forever chemicals’

Industry attorneys say they’re bracing for a wave of corporate liability and litigation as the Biden administration works swiftly to fulfill a campaign promise to control “forever chemicals.” The Environmental Protection Agency this month announced it’s working on three water-related regulations for per- and polyfluoroalkyl substances, or PFAS. It sent a fourth chemical data-collection proposal to the Office of Management and Budget, or OMB, for approval. … One of the the four regulations the EPA announced would provide a needed, national drinking water limit for two PFAS…

Aquafornia news Environmental Defense Fund

Blog: Report provides guidance on repurposing California farmland to benefit water, landowners, communities and wildlife

Over the coming decades, California’s San Joaquin Valley will transition to sustainable groundwater management under the Sustainable Groundwater Management Act (SGMA), ensuring reliable groundwater supplies for generations to come. Sustainable groundwater management and a changing climate will inevitably affect how land is used on a sweeping scale. By some estimates, the amount of farmland that will have to be taken out of production to balance groundwater demand and supply is equivalent to the size of Yosemite National Park — a transition that could serve a huge blow to the agricultural economy, rural communities and the environment. 

Aquafornia news O’Melveny

Blog: California Court of Appeal upholds subordination of dormant groundwater rights

Last week, the Court of Appeal for the Fifth Appellate District of California issued a long-awaited decision in the Antelope Valley Groundwater Cases, resolving a dispute more than two decades in the making. The case adjudicated groundwater rights in the Antelope Valley Adjudication Area (AVAA) in northern Los Angeles County and southeast Kern County. The adjudication, which commenced in 1999, involved private water suppliers, public agencies, the federal government, and overlying landowners who pump water for agricultural, industrial, commercial, and domestic uses. Although currently unpublished, the court’s opinion illustrates several important developments in California groundwater law.

Aquafornia news Water Education Foundation

Monday Top of the Scroll: California weighs changes for new water rights permits in response to a warmer and drier climate

As California’s seasons become warmer and drier, state officials are pondering whether the water rights permitting system needs revising to better reflect the reality of climate change’s effect on the timing and volume of the state’s water supply. A report by the State Water Resources Control Board recommends that new water rights permits be tailored to California’s increasingly volatile hydrology and be adaptable enough to ensure water exists to meet an applicant’s demand.

Aquafornia news Santa Rosa Press Democrat

Gualala River logging project clears hurdle in state court as federal case ramps up

A legal battle over plans to log in the lower Gualala River flood plain is heading into a fifth year, despite a recent victory in state appeals court by Gualala Redwood Timber and Cal Fire which first approved the project back in 2016. The fight over the 342-acre timber project in the northwest corner of Sonoma County adjacent Gualala Point Regional Park is now shifting to a new case gearing up in federal court. … Friends of the Gualala River, a 30-year-old grassroots nonprofit organization supported by like-minded groups around the region, is seeking to block the harvest, which is targeting stands of second-growth forest including some century-old redwoods.

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Aquafornia news Bloomberg

Pandemic wipes create sewer-clogging fatbergs

Even before the pandemic, Americans were already flushing far too many wipes into the sewer system. After a year of staying at home, the pipe-clogging problem has gotten worse. … Sewer backups are up 50%… Last year, Washington became the first state to pass legislation requiring manufacturers to label their products with “do not flush” disclaimers, and states including California have also introduced bills that would mandate similar labels.

Aquafornia news Napa Valley Register

St. Helena set to impose penalties for exceeding water rations

The city is getting ready to impose new penalties for water customers who exceed their rations during St. Helena’s Phase II water emergency. On Tuesday the City Council told staff to bring the recommended penalties back for adoption at the April 13 council meeting. The new penalties would take effect May 1. Meanwhile, city officials will develop clear conservation targets and look at adjusting the city’s water management policies, including how water allocations are calculated.

Aquafornia news My Mother Lode

Vandals hit local water authority’s supply system

Vandals caused thousands of dollars in damage to a Calaveras County water authority’s supply system and now the public’s help is being sought to catch the suspects. The crime occurred sometime during the weekend of Saturday, March 6th at the Utica Water and Power Authority’s (Utica) public water supply system east of Forest Meadows near the end of Pennsylvania Gulch Road in the Murphys area. Authority officials note that this is the only water supply for more than 10,000 residential, commercial and agricultural customers between Murphys and Angels Camp. 

Aquafornia news Association of California Water Agencies

News release: ACWA-Sponsored SB 323 passes Committee hearing

ACWA-sponsored SB 323 (Caballero) passed out of the Senate Government and Finance Committee on March 25, following a hearing in which ACWA staff and members testified in support….The bill would improve financial stability for public agencies by creating a 120-day statute of limitations for legal challenges to water and sewer service rates. It comes as water and wastewater agencies have faced increased litigation from ratepayers over whether agency rates comply with Proposition 218 and other existing laws.

Aquafornia news Perkins Cole

Blog: Conviction for violation of Clean Water Act required knowing discharge “into water”

The Ninth Circuit reversed a conviction for three counts of violations under the Clean Water Act because the district court failed to instruct the jury that the defendant needed to knowingly discharge material “into water” to convict. … In the summer of 2014, Lucero executed a scheme under which he charged construction companies to dump dirt and debris on lands near the San Francisco Bay, including wetlands and a tributary subject to the Clean Water Act. Although Lucero admitted to “walking the land” where the dumping happened, the period when the dumping occurred was unusually dry due to drought. The trial court found Lucero guilty on two counts of discharges into wetlands and one count of discharge into a tributary.

Western Water Layperson's Guide to Water Rights Law By Gary Pitzer

California Weighs Changes for New Water Rights Permits in Response to a Warmer and Drier Climate
WESTERN WATER NOTEBOOK: State Water Board report recommends aligning new water rights to an upended hydrology

The American River in Sacramento in 2014 shows the effects of the 2012-2016 drought. Climate change is expected to result in more frequent and intense droughts and floods. As California’s seasons become warmer and drier, state officials are pondering whether the water rights permitting system needs revising to better reflect the reality of climate change’s effect on the timing and volume of the state’s water supply.

A report by the State Water Resources Control Board recommends that new water rights permits be tailored to California’s increasingly volatile hydrology and be adaptable enough to ensure water exists to meet an applicant’s demand. And it warns that the increasingly whiplash nature of California’s changing climate could require existing rights holders to curtail diversions more often and in more watersheds — or open opportunities to grab more water in climate-induced floods.

Aquafornia news Best Best & Krieger

Blog: Appellate decisions limiting groundwater pumping in an overdrafted basin

A California Court of Appeal recently issued two opinions affirming a physical solution limiting the right to pump groundwater by a landowner who has never pumped from the groundwater basin or who has not established the amount or reasonableness of pumping. A landowner filed the underlying lawsuit in 1999 to quiet title to its claimed superior groundwater rights in a groundwater basin that had been in a state of overdraft for decades. The lawsuit became a comprehensive groundwater adjudication involving approximately 70,000 landowners in the Antelope Valley area of California, including two separate classes and the United States.

Aquafornia news Arizona PBS

Tribal leaders ask for more funding, less meddling for water projects

Arizona tribal officials told a Senate committee Wednesday that the federal government can help address a crisis with water infrastructure on their lands through more funding, and less meddling. Navajo Department of Water Resources Director Jason John and Colorado River Indian Tribes Chairwoman Amelia Flores made the comments during a Senate Indian Affairs Committee hearing on water infrastructure for Native communities. Leaders of Oregon and Alaska tribes also testified at the hearing. 

Aquafornia news Water Education Foundation

Announcement: California’s complex water rights system explained at water 101 workshop

From the very first gold miners making claims to divert streams in the Sierra Nevada foothills to the later wrangling that enabled irrigation of Central Valley farmland and drinking water to be sent to growing cities in California, water rights are an indispensable cornerstone of the state’s water supply and delivery system.

Aquafornia news The Daily Sentinel

Water outlook a concern for endangered fish

Meager anticipated snowmelt runoff is expected to mean another challenging year for maintaining even below-optimal levels of flows in the Colorado River downstream of the Palisade area for the benefit of endangered fish. … What’s referred to as the 15-Mile Reach of the river between the Palisade area and the Gunnison River confluence is of particular concern for the Upper Colorado River Endangered Fish Recovery Program, which focuses on four endangered fish. The stretch is primarily used by two of the fish — the razorback sucker and Colorado pikeminnow. But it’s also used by a third, the bonytail. And a fourth, the humpback chub, which favors downstream stretches such as Westwater Canyon, indirectly benefits from efforts to bolster flows in the 15-Mile Reach.

Aquafornia news The Point Reyes Light

Private tests show bad water quality near park ranches

Water quality testing commissioned by two groups lobbying for the end of ranching in the Point Reyes National Seashore shows fecal contamination exceeding federal recreational standards in several waterways feeding the Pacific Ocean. In response, seashore personnel point to their nearly finalized general management amendment, which requires water quality improvements. The tests from two rainy January days included samples from and near Kehoe Lagoon, Abbotts Lagoon and Schooner Creek, and showed exceedances in levels of E. coli and Enterococcus—bacteria that serve as common indicators for fecal contamination. 

Aquafornia news The San Diego Union-Tribune

Audit: San Diego’s effort to inspect industrial polluters is outdated, inefficient

A San Diego program that aims to keep toxic sewer water out of the Pacific Ocean suffers from outdated methods and inadequate efforts to identify and inspect the business sites of industrial polluters, a new city audit says. The 56-page audit says the program, which oversees industrial polluters served by San Diego and 12 other local sewer districts, needs to step up efforts to find polluters and modernize its inspection program. The program – the Industrial Wastewater Control Program – is also understaffed and not capable of handling the larger workload it should handle without adding more workers, the audit says.

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Aquafornia news CBS Sacramento

California water officials tell communities to prepare for potential water shortages

An extra dry summer with potential for water shortages – that’s what state and federal officials are telling Californians to prepare for. Predictions for 2021 are bleak. Lake levels are low and the Sacramento region is not getting the spring showers many hoped for. According to the US drought monitor, most of the Central Valley is experiencing severe to extreme drought conditions. This week the Department of Water Resources lowered its expected forecast of water deliveries made to cities and farms by half. But any conservation restrictions would be up to local authorities.

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Aquafornia news Somach Simmons & Dunn

Blog: Water law alert – Groundwater well permitting, Yampa River basin

As a result of increasing demand for water, exacerbated by the decades-long drought in the Colorado River system, the Colorado State Engineer is considering a proposal that would impose stricter limitations on the permitting of new groundwater wells in the Yampa River Basin upstream of where the Yampa River meets the Little Snake River.  The Yampa River flows west from its headwaters near Steamboat Springs, in northwest Colorado.  After it is joined by the Little Snake River, it flows to meet the Green River near the Colorado-Utah state line.  From there, the Green River flows south as a major tributary of the Colorado River.

Aquafornia news Fox 13 Salt Lake City

Romney and the looming Colorado River clash

One of the most critical negotiations for Utah’s future is coming at a time when Utah’s delegations in Washington D.C. may be less influential than every other party at the table. The Colorado River Compact, hammered out in 1922 with few amendments over the years, expires in 2026. Every other state in the compact other than Utah has a majority Democratic or split delegation in Washington. Those states? Colorado, New Mexico, Arizona, Nevada and California. 

Aquafornia news Environmental Working Group

News release: California to list notorious ‘forever chemical’ as a cause of cancer in people

The top state scientific agency charged with protecting Californians from toxic chemicals has proposed adding the “forever chemical” PFOA to the list of substances known to the state to cause cancer in humans under the Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65. The California Environmental Protection Agency’s Office of Environmental Health and Hazard Assessment, or OEHHA, said March 19 that PFOA “meets the criteria for listing as known to the state to cause cancer under Proposition 65,” based on the findings of a National Toxicology Program report last year. 

Aquafornia news Stanford

News release: Stanford researchers explore how shifts in federal approaches can turn the tide of destructive wildfires

It wipes out entire communities in a matter of moments, weakens our lungs and even taints our drinking water, yet federal strategy to combat wildfires remains outdated and largely ineffective. The Biden Administration has an opportunity to rewrite the playbook on combatting wildfires, according to Stanford University science and policy experts whose research on a range of related issues points toward bipartisan solutions.

Aquafornia news Bloomberg Law

‘Hasty’ California oil and gas lease sale draws suit against BLM

The U.S. Bureau of Land Management decided to sell oil and gas leases on public land in California for the first time in nearly a decade without taking a hard look at the environmental and public health impacts, according to a lawsuit filed Monday in a federal court in the state. The agency’s “hasty” environmental review ignored comments from experts and failed to consider evidence showing fracking could pollute already scarce groundwater resources, environmental groups say in the U.S. District Court for the Eastern District of California filing. The decision violated the National Environmental Policy Act …

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Aquafornia news BBC News

Erin Brockovich: California water battle ‘woke me up’ 

The name Erin Brockovich has become synonymous with those who investigate and hold corporations to account for polluting people’s water. Actor Julia Robert’s sassy film portrayal of the single mum’s key role in winning the largest settlement ever awarded at the time for a direct-action lawsuit against Pacific Gas & Electric (PG&E), made her a household name. … Despite the win, there was no Hollywood ending for the community … Even with on-going clean-up efforts, hexavalent chromium (also known as chromium-6, a chemical that has been shown to cause lung cancer when inhaled by humans) still haunts the plaintiffs, as the plume continued to spread.

Aquafornia news Public News Service

Poll: CA Latinos overwhelmingly support conservation measures

A new poll shows Latino voters in California are even more supportive than the general population of policies that protect public lands and combat climate change. The new survey finds an overwhelming majority of Latino voters, 85%, support President Joe Biden’s new goal of protecting 30% of the country’s lands and waters by the year 2030. … The poll also found 83% of Latinos surveyed support dedicating funding to address air and water pollution in lower-income parts of California, compared to 72% of all voters.

Aquafornia news U.S. Environmental Protection Agency

News release: US Forest Service closes 77 pollution-causing cesspools

Under an agreement with the U.S. Environmental Protection Agency (EPA), the USDA Forest Service closed 77 large-capacity cesspools (LCCs) it operated in Arizona and California. The Forest Service met the deadlines set forth in the agreement and closed the cesspools, which can be sources of harmful water pollution, in 11 national forests across the two states. … Cesspools collect and release untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater and surface waters that are sources of drinking water. 

Aquafornia news Los Angeles Times

Opinion: California needs to repeat history by passing new clean water laws

The Porter-Cologne Water Quality Act, California’s state clean water law, passed in 1969 and became the model for the 1972 federal Clean Water Act. Nearly half a century after passage of the landmark federal law, it is time for both the state and the nation to assess progress and chart a new course. Once again, California is leading the way with Assembly Bill 377, a new bill introduced by Assemblyman Robert Rivas (D-Hollister). Although new legislation is needed, the existing federal and California clean water acts have produced successes that should be celebrated.
-Written by Terry Tamminen, president of 7th Generation Advisors and founder of Santa Monica Baykeeper. 

Aquafornia news Association of California Water Agencies

Blog: ACWA weighs in on state water affordability legislation

ACWA and its member agencies care greatly about water affordability and recognize the centrality of this issue during these uniquely challenging times. ACWA is advocating in Washington, D.C. (already with some success) and in Sacramento for federal and state funding to help public water systems and treatment works cover customer arrearages accrued during the pandemic. This funding is needed quickly — through immediate action — as opposed to through the legislative process for long-term policy bills.

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Aquafornia news Capital and Main

PFAS water lawsuits expose financial impacts on state’s poor communities

Santa Clarita, a comfortable exurb of some 213,000 residents about 30 miles northwest of Los Angeles, is one of hundreds of California communities and districts grappling with the pricey problem of drinking water that’s been tainted by per- and polyfluoroalkyl substances (PFAS), chemicals that have been linked to cancer, liver damage, decreased fertility and increased risk of asthma and thyroid disease. Last year the Santa Clarita Valley Water Agency (SCV Water) joined a multidistrict lawsuit filed in South Carolina that goes after chemical manufacturers and makers of PFAS-laden aqueous firefighting foam.

Aquafornia news Desert Sun and ProPublica

California oil regulator CalGEM struggles with enforcement, fines

Tucked out of sight, oil wells run thousands of feet deep, tapping thick crude from one of California’s many urban oil fields. And in the fall of 2019, investigators with the state’s oil agency flagged trouble. Nasco Petroleum was injecting huge amounts of water into well bores above the legal pressure limits, aiming to push more crude out of the aging downtown field. … The wells, investigators wrote in a report to a manager, posed “immediate” risks to drinking water aquifers.

Aquafornia news Courthouse News Service

California green group trying to make Big Plastic pay for scourge of pollution

Earth Island Institute, a Berkeley, Calif.-based environmental nonprofit, sued a collection of the world’s largest food, beverage and consumer goods companies, saying their use of millions of tons of plastic packaging has resulted in polluted oceans, waterways and beaches. … Another novel element of the case is that the Earth Island Institute is claiming the 10 companies in question are also harming the institute specifically by allowing plastics to proliferate in the oceans off of California, causing the nonprofit to expend enormous sums to effect beach clean-ups and other related projects. 

Aquafornia news Press Telegram

Bill to create a Southern LA County water watchdog puts agencies on edge

A proposal to create a watchdog for South Los Angeles County’s dozens of disjointed and struggling water systems has stirred fear among public agencies and companies further down the pipeline that they could be the target of hostile takeovers. AB 1195, introduced by Assemblywoman Christina Garcia, would establish the Southern Los Angeles County Regional Water Agency and grant it authority to assist failing water systems with aging infrastructure, or to take control if a system is no longer able to provide affordable, clean drinking water.

Aquafornia news High Country News

The Biden administration’s critical role in Indian Country

Tribal leaders see President Joe Biden’s administration as an opportunity to increase tribal consultation regarding issues like water management, oil and gas leasing, and land conservation. Here, we look at four major projects … that the new administration is tasked with advancing…. Negotiations among federal, tribal and state governments on water flows and allocations in the Colorado River Basin began last year and are set to conclude by 2026…. After years of political, social and regulatory barriers, the undamming of the Klamath River is within sight…. 

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Aquafornia news Law360

Thursday Top of the Scroll: California appeals court limits groundwater pumping rights

California landowners who haven’t been continuously pumping from a depleted groundwater basin have lower priority rights compared with entities that have continually pumped in recent decades, a California state appeals court has said in a first-of-its-kind ruling. 

Aquafornia news Mondaq

Blog: Regan rejoins EPA: A “who’s who” guide to the key officials who will shape the agency

The bipartisan confirmation of Michael Regan as Administrator of the U.S. Environmental Protection Agency (EPA) elevates a public servant with a wealth of federal, state and nonprofit experience. … This will require Regan to rely on his expertise in air quality and climate issues—and the cleanup agreements he brokered at NCDEQ—as he oversees increased regulation of traditional energy sources and businesses whose operations result in air, land and water pollution.

Aquafornia news AgNet West

Understanding the California water futures market

California has recently established a water futures market that has brought with it some criticism as well as confusion. As the first of its kind in the country, it will function similarly to futures markets for other commodities. The market will allow water users to lock in a particular price they are willing to pay for water. This new futures market is entirely different from water markets that allow the purchasing of water allocations.

Aquafornia news Manteca Bulletin

Lathrop closer to being able to discharge treated water into SJ River

The city of Lathrop’s longstanding goal of discharging highly-treated wastewater into the San Joaquin River could clear a major hurdle tonight. Based on the current plan the wastewater would be mainly discharged directly into the river during winter months when irrigation demands are low and river flow is high and reduced in the summer months when irrigation demands along the river are at their peak.

Aquafornia news Bloomberg Law

Wednesday Top of the Scroll: California may regulate ‘forever’ chemicals in water before EPA

California water suppliers could face state limits on the concentration of two so-called “forever chemicals” before the U.S. Environmental Protection Agency sets national standards. Maximum contaminant levels for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are on track to be in place in California in 2023 … The EPA announced in February that it planned to regulate both chemicals and order nationwide sampling for those and 27 similar compounds between 2023 and 2025. 

Aquafornia news Ag Alert

Opinion: Dry year intensifies focus on California groundwater

Groundwater aquifers are best understood and managed locally; therefore, the key to successfully implementing SGMA lies in maintaining local control, something Farm Bureau vigorously advocates. In addition, we have stressed that to reduce dependence on groundwater, we must expand surface water storage and recharge our groundwater aquifers when excess water is available….Unless March somehow makes up for the lack of rain and snow thus far this winter, we could see an increased dependence on groundwater this growing season.

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Aquafornia news Courthouse News Service

Feds may look at spring-run chinook salmon as genetically distinct

The National Marine Fisheries Service is considering whether the spring-run and fall-run Chinook salmon that occupy the rivers of Northern California and southern Oregon are genetically distinct.  The decision … would almost certainly result in a listing under the Endangered Species Act if seen as a separate species. … [T]he dams and reservoirs that have been installed at various points throughout the rivers of the West Coast create problems for spring-run Chinook that are unique and separate from their closely related cousins. It also allows the fall-run species to outcompete the spring run since they both are able to reach the same spots in the river to reproduce. 

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Aquafornia news Central Valley Regional Water Quality Control Board

News release: 100,000 Central Valley residents impacted by contaminated drinking water will soon see interim solutions

An estimated 100,000 Central Valley residents impacted by nitrate groundwater contamination will soon be supplied with safe drinking water on a temporary basis while more permanent solutions are developed. These solutions in the form of bottled water deliveries or bottle-filling kiosks are outlined in Early Action Plans submitted to the Central Valley Regional Water Quality Control Board for six geographic zones deemed to have the most serious groundwater contamination issues. 

Aquafornia news Public Policy Institute of California

Blog: Finding a balance between supply and demand to get to groundwater sustainability

The San Joaquin Valley has begun to grapple with implementing the Sustainable Groundwater Management Act (SGMA). Figuring out the math of balancing water supply and demand in ways that cause the least economic harm to farmers and local economies is challenging, and difficult tradeoffs are inevitable. We talked with Emmy Cattani, a fifth-generation farmer from Kern County, about some options.

Aquafornia news CalMatters

Opinion: As drought alarms sound, is California prepared?

We’re facing another very dry year, which follows one of the driest on record for Northern California and one of the hottest on record statewide. The 2012-16 drought caused unprecedented stress to California’s ecosystems and pushed many native species to the brink of extinction, disrupting water management throughout the state.  Are we ready to manage our freshwater ecosystems through another drought?
-Written by Jeffrey Mount, senior fellow, and Caitrin Chappelle, associate director, at the Public Policy Institute of California Water Policy Center.

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Aquafornia news Los Angeles Times

Los Angeles is home to heavy industry — and more federal deals not to prosecute polluters than anywhere else

Companies in these [pollution] cases weren’t required to plead guilty; they weren’t convicted of any crimes, according to the agreements. Instead, the government agreed to forego prosecution for a certain time period or drop the case altogether if the companies paid hefty fines and promised to clean up the environmental damage they had inflicted. … One concerned a waste hauler, Asbury Environmental Services, accused of discharging marine diesel oil into a storm drain that led to the Los Angeles River. In 2020, 10 years after that incident, prosecutors wrapped up the case with a nonprosecution deal.

Aquafornia news Long Beach Post

Judge denies attempt to block approval of Los Cerritos wetlands land swap for oil wells

A Los Angeles Superior Court Judge ruled that the California Coastal Commission did not abuse its power when it approved a land-swap deal in 2018 that will allow for the rehabilitation of 150 acres of wetlands, but also the development of up to 120 new oil wells. In a 22-page tentative ruling, Judge Mary Strobel denied a request to stop the project in the Los Cerritos wetlands in the southeastern part of the city. Strobel’s ruling said that the commission did not misinterpret the Coastal Act in approving the deal, and the public benefits of the project were correctly weighed before voting to approve the deal.

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Aquafornia news Los Angeles Times

Judge rules against LADWP in irrigation fight

A judge has ordered the Los Angeles Department of Water and Power to continue providing historic quantities of irrigation water to lessees of its pasturelands east of Yosemite, despite the agency’s assertion that climate change is making water resources in the Sierra Nevada watershed increasingly unreliable.

Aquafornia news CalMatters

Monday Top of the Scroll: Premature or precautionary? California is first to tackle microplastics in drinking water

California is poised to issue the world’s first guidelines for microplastics in drinking water despite no data on how plentiful they are in the state, no scientific agreement on how to test water for them and little research on their health risks.  The pieces of plastic — smaller than an ant, some so tiny they can be seen only with a microscope — have contaminated wildlife and human bodies through their food, air and water. … Now the state Water Resources Control Board is blazing a trail to issue a preliminary health-based threshold and testing methods by July 1.

Aquafornia news Downey Brand LLP

Blog: State Water Board issues notification and response levels for PFBs in drinking water; DTSC to finalize carpets and rugs with PFAS “priority products” in 2021

There has been no shortage of recent regulatory developments concerning per- and polyfluoroalkyl substances (PFAS) in California, which are especially relevant to drinking water systems and the consumer product community. On March 5, 2021, the State Water Resources Control Board (State Water Board), Division of Drinking Water (DDW), issued a notification level of 0.5 parts per billion (ppb), and a response level of 5 ppb, for perfluorobutane sulfonic acid (PFBS) in drinking water.  PFBS is a type of PFAS compound that is commonly used as a replacement compound for perfluorooctane sulfonic acid (PFOS).  

Aquafornia news Herald and News

OWRD will continue to enforce Klamath Tribes’ water calls

Despite a February court opinion that vacated the quantified water rights of the Klamath Tribes, the Oregon Water Resources Department announced Friday that they will continue to enforce the Tribes’ water calls until a judge orders otherwise. The Klamath Tribes maintain senior water rights in the Klamath Basin, which were affirmed by the Klamath County Circuit Court last month, but Judge Cameron Wogan wrote in his proposed order that those rights need to be re-quantified.

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Aquafornia news Manteca Bulletin

Opinion: The time has come for California to ban front yard lawns for new homes

The climate change cabal in Sacramento is ignoring some extremely low hanging fruit in their bid to protect us from ourselves. The reason they don’t see it is simple. It doesn’t involve raising taxes, rewarding corporations or disruptor greenies they align with, nor does it destroy jobs. The California Legislature needs to ban grass lawns for front yards as well as general commercial development for all new building projects.
-Written by Dennis Wyatt, editor of the Manteca Bulletin.​

Aquafornia news Northern California Water Association

Blog: Celebrating National Groundwater Awareness Week in the Sacramento Valley

As we celebrate National Groundwater Awareness Week, the Northern California Water Association (NCWA) convened its groundwater management task force this week to help coordinate the various Groundwater Sustainability Agencies (GSAs) in the Sacramento Valley and to advance groundwater sustainability throughout the region. 

Aquafornia news Water Education Foundation

Announcement: Groundwater session added to April 22-23 virtual Water 101 workshop

Learn from top water experts at our annual Water 101 Workshop about the history, hydrology and law behind California water as well as hot topics such as water equity, the Delta and flows, new federal administration and more. This year’s workshop, set for April 22-23, will be held virtually and feature a presentation devoted solely to groundwater.

Aquafornia news Pacific Sun

Fecal bacteria poisons Point Reyes beaches

In a January test of the water in Abbotts Lagoon [at Point Reyes National Seashore] …, the number of E. Coli cells found in water samples was twenty times the safe amount. At Kehoe Lagoon, the safety margin was exceeded by a factor of 40. It gets worse for E. Coli’s nasty bacterial cousin known as Enterococcus. It can devour your heart, stomach, brain, and spinal cord. This monster thrives in raw sewage and intestines. Kehoe Lagoon seethes with 300 times the acceptable amount of this voracious creature. … Gee, you’d think the Park Service would put up a few warning signs. But, no, there are zero signs cautioning those who touch these waters that a drop can wound and kill. 

Aquafornia news Pasadena Star News

Opinion: Racial justice requires equitable access to reliable drinking water

Vice President Kamala Harris was right on point last year when she said that clean water is a fundamental human right. President Biden has put those words into action by signing an executive order establishing a White House council on environmental justice. Every Californian has a right to clean, reliable affordable drinking water.
-Written by Jose Barrera, California’s state deputy director for the League of United Latin American Citizens. 

Aquafornia news Law 360

Californian’s bid to stop water district tax can’t proceed

A California man’s bid to invalidate a water district’s property tax was dismissed because the challenge was not filed within 60 days of the tax’s adoption, a state appeals court ruled…

Aquafornia news The Mercury News

Editorial: Newsom should kill plan to drain state reservoirs

On the tail end of the second dry winter in a row, with water almost certain to be in short supply this summer, California water officials are apparently planning to largely drain the equivalent of the state’s two largest reservoirs to satisfy the thirst of water-wasting farmers. Gov. Gavin Newsom must stop this irresponsible plan, which threatens the environmental health of the Sacramento-San Joaquin Delta and the water supply for about one-third of the Bay Area residents. We should be saving water, not wasting it. 

Aquafornia news NRDC

Blog: California proposes to transition away from toxic pesticides

California’s Governor broke new ground this year when he committed to “transition away from harmful pesticides.” His budget proposal to update fees charged on pesticide sales would generate new funding that could be used to offer better protections for farm workers, agricultural communities, and vulnerable ecosystems, as well as help farmers adopt more sustainable practices. … Pesticides remain a widespread drinking water contaminant, particularly in rural areas, and exposure to these pesticides has been linked to increased vulnerability to COVID-19.

Aquafornia news Bloomberg Law

Some California water well permits require environmental review

Proposed water wells in California don’t all require environmental review under state and local permit laws, but state standards governing well location will sometimes require local governments to make discretionary decisions, triggering such a look, a state appellate court said. The California Environmental Quality Act requires discretionary decisions—those that require an agency to exercise judgment in deciding whether to approve a project—to undergo an environmental review. 

Aquafornia news Stanford Water in the West

Research brief: New laws reduce barriers to water markets

Water access in the western United States is controlled by property rights to use water. In most of the region’s watersheds, all of the water supply is legally claimed or is projected to be by 2030. In such locations, new water demands can frequently only be met through reallocation of existing water rights. For decades, water markets have helped the western U.S. voluntarily adapt water rights to new demands and changing supplies, providing water for growing cities, freshwater ecosystems and new farms and industries. However, many have questioned whether western U.S. water law provides sufficient flexibility to adapt to unprecedented water demand and a changing climate.

Aquafornia news HortiDaily

Blog: Will California remain leader in U.S. agricultural production?

[A] new 18-chapter book, written by agricultural economists at UC Davis, UC Berkeley and UC Riverside, addresses issues such as labor, water, climate and trade that affect all of California agriculture. … Water, climate and trade pose challenges and opportunities for California agriculture. In the last decade, water scarcity and decreased water quality, along with regulations to address these issues like the Sustainable Groundwater Management Act, have prompted farmers to use scarce water to irrigate more valuable crops, as with the switch from cotton to almonds. 

Aquafornia news CalMatters

Opinion: How ‘cutting green tape’ can make California more resilient

California is one of the world’s biodiversity hotspots – home to more unique species of plants and animals than any other state in the U.S. This biodiversity makes up the beautiful land and seascapes of the world’s fifth-largest economy and sustains our health, cultures and quality of life.  Yet it is disappearing at alarming rates. … Environmental laws such as the Clean Water Act and Endangered Species Act are designed to protect the environment from damage. What these laws are not designed to do is provide a pathway for restoring nature damaged, for instance, by development projects.
-Written by Ashley Boren, the CEO of Sustainable Conservation, a San Francisco- and Modesto-based nonprofit. 

Aquafornia news Downey Brand LLP

Blog: Judge finds that Water Boards have authority to regulate discharges of dredge and fill material as waste under Porter-Cologne Water Quality Control Act

On February 18, 2021, the First Appellate District issued an opinion in Sweeney et al. v. California Regional Water Quality Control Bd., San Francisco Bay Region et al. (Case No. A153583) (“Sweeney”).  The opinion is much anticipated given its relevance to the continued validity of the State Water Resources Control Board’s recently adopted State Procedures for Discharges of Dredged and Fill Material (“Procedures”).  The Appellate Court reversed the lower court in the entirety, substantially deferring to the actions and prosecutorial discretion of the State Water Resources Control Board (“State Water Board”) and San Francisco Bay Regional Water Quality Control Board (“Regional Water Board”, collectively, “Water Boards”) based on application of a revised standard of review. 

Aquafornia news California Attorney General's Office

News release: Attorney General Becerra challenges weakening of crucial requirements that protect public from lead in drinking water

California Attorney General Xavier Becerra on Monday joined a lawsuit challenging a Trump-era rule revising nationwide standards for controlling and remediating lead in drinking water. While the final rule includes certain necessary updates to the existing standard, these changes are overshadowed by the unlawful weakening of critical requirements and the rule’s failure to protect the public from lead in drinking water to the maximum extent feasible, as required by law. 

Aquafornia news Wild Rivers Outpost

Blog: Skeptical about Klamath River dam removal, harbor district, Del Norte County seek protection against potential damages

Though the nonprofit tasked with Klamath River dam removal is about to submit its definite plan to federal regulators, Del Norte County and the Crescent City Harbor District are still worried about potential negative impacts. Harbor commissioners on Thursday agreed to sign onto a memorandum of understanding that includes the county and the Klamath River Renewal Corporation. The MOU contains conditions that ensures the harbor and county can recover potential damages to the port and the fishing industry that occur as a result of dam removal and reservoir drawdown on the Klamath River.

Aquafornia news The Santa Barbara Independent

Water security vs. water marketing: Should state water supplies be sold outside the county?

It’s not long ago that Lake Cachuma, the main water source on the South Coast, was in danger of going dry in a seven-year drought. Water agencies from Carpinteria to Goleta spent millions of dollars scrambling to buy surplus state aqueduct water from around the state to avert a local shortage. They did so not only because their groundwater levels were plunging and Cachuma was failing, but because their yearly allocations from the aqueduct had dropped to zero. Yet on Tuesday, the water managers serving Santa Maria, Buellton, Guadalupe, Santa Barbara, Goleta, Montecito and the Santa Ynez and Carpinteria valleys will ask the County Board of Supervisors to grant them the right to sell their state water allocations outside the county — not permanently, but potentially for years at a stretch.

Aquafornia news Santa Rosa Press Democrat

California Democrats seek to add 535,000 acres of wilderness in state

Humboldt, Trinity and Mendocino counties could play host to part of the largest new designation of federal wilderness in a decade if Democratic sponsors of the land-protection package can find a way through the divided U.S. Senate. A bill sponsored by Rep. Jared Huffman, D-San Rafael, would designate 257,797 of new acres of wilderness in Northern California while placing 480 miles of river in the region under the nation’s strictest environmental protections for waterways. 

Aquafornia news Center for Biological Diversity

News release: Lawsuit launched to protect imperiled California fish

The Center for Biological Diversity filed a notice of intent today to sue the U.S. Fish and Wildlife Service seeking Endangered Species Act protection for the Clear Lake hitch, a large minnow found only in Northern California’s Clear Lake and its tributaries. The Trump administration denied the fish protection in a December 2020 determination.

Aquafornia news Bloomberg Law

California must face water quality challenge in federal court

The Department of Justice can proceed with its claims that California violated state law when it changed its water quality control plan for the San Francisco Bay and Sacramento-San Joaquin Delta system in federal court, the Ninth Circuit ruled. Granting a partial stay of the state law claims in federal court is allowed in limited circumstances, but the federal government’s actions here don’t amount to the type of forum shopping that justifies a stay, according to the U.S. Court of Appeals for the Ninth Circuit. 

Aquafornia news Sierra Club Angeles Chapter

Blog: California’s new futures market for water

On December 7, 2020, financial futures based on California water prices began trading. This post is a short introduction to these water futures. First, what’s a future? A future is a type of contract. It obligates the seller, who receives money, to provide some good at some future date, to the buyer, who pays money now to lock in the right to buy that good at that price. Humans have been using futures for thousands of years, primarily for agricultural products. But in recent years the futures markets have been expanding. 

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Aquafornia news Office of Sen. Dianne Feinstein

News release: Feinstein to chair Energy and Water Appropriations Subcommittee

Senator Dianne Feinstein (D-Calif.) released the following statement on being named chairman of the Appropriations Subcommittee on Energy and Water Development. This subcommittee has jurisdiction over funding levels for the Department of Energy, the Army Corp of Engineers, the Bureau of Reclamation and other federal agencies related to our nation’s energy and water infrastructure programs.

Aquafornia news Association of California Water Agencies

News Release: MAGSA awarded $10 million grant to expand On-Farm Recharge Project

The McMullin Area Groundwater Sustainability Agency (MAGSA), a Groundwater Sustainability Agency in the Central Valley’s Kings Subbasin, has been awarded a $10 million grant by the State Water Resources Control Board through the Prop 1 Stormwater Grant Program to expand the existing McMullin On-Farm Recharge (OFR) Project located near Helm in Fresno County.  The Project is identified in MAGSA’s Groundwater Sustainability Plan and is a key element in a vision developed by MAGSA to achieve groundwater sustainability under California’s Sustainable Groundwater Management Act (SGMA) through innovative approaches in groundwater banking and crediting.

Aquafornia news San Mateo Daily Journal

Officials call for Redwood City’s salt pond protections

Bay Area political leaders and organizations have come together to encourage the new Biden administration to protect Redwood City’s salt ponds from future development by withdrawing a Trump era appeal of a federal district court ruling deeming the wetlands federally protected.

Aquafornia news State Water Resources Control Board

News release: Expert panel – food grown with produced water safe for human consumption

An expert panel has concluded that the decades-old practice of irrigating agricultural food crops with “produced water” from oil fields shows no evidence of increased risk to human health. The panel’s 35-page Food Safety Project White Paper is the result of five years of extensive crop sampling and a thorough evaluation of data, along with a review of existing literature…. The Central Valley Regional Water Quality Control Board is inviting members of the pubic to comment on the white paper at its next meeting on Feb. 18-19, along with an option to submit written comments until March 5.

Aquafornia news Agri-Pulse Communications, Inc.

Ag Council president reflects on drinking water collaboration

Emily Rooney, president of the Agricultural Council of California, is a member of the advisory group for California’s Safe and Affordable Funding for Equity and Resilience (SAFER) drinking water program. She spoke with Agri-Pulse about an unexpected coalition that helped bring about the 2019 law and why the issue is important to agriculture.

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Aquafornia news Sterling Journal-Advocate

Colorado work group eyes new tools to stop water profiteering

Imposing hefty taxes on speculative water sales, requiring that water rights purchased by investors be held for several years before they can be resold, and requiring special state approval of such sales are three ideas that might help Colorado protect its water resources from speculators. The ideas were discussed Wednesday at a meeting of a special work group looking at whether Colorado needs to strengthen laws preventing Wall Street investment firms and others from selling water for profit in ways that don’t benefit the state’s farms, cities and streams. 

Aquafornia news UCLA

News release: Drought restrictions had side benefit: Lowering risk of mosquito-borne disease

Shallow pools of water on lawns are ideal breeding grounds for the mosquitoes that transmit West Nile virus, the most common mosquito-borne disease in the United States. A new study by scientists from UCLA and three other universities found that reducing shallow pools of water where the insects lay their eggs is key to preventing the spread of the virus. The study … found that California’s water-use restrictions during the statewide drought from 2012 to 2016 led to a decrease in the number of mosquitoes that carry the virus.

Aquafornia news CapRadio.org

California now has a futures market for water. Some farmers are skeptical

Investors, farmers, and Reddit users can now all hedge bets on the price of water in California thanks to the launch of the first water futures market in the country late last year. It represents a new financial outlook on water in California — one driven by the market. Since its launch Dec. 7, the futures the market has seen 180 trades — equivalent to over 550 million gallons of actual water. But the water futures market has nothing to do with the movement of real water: it’s just about money.

Aquafornia news The Sacramento Bee / The Guardian

Tuesday Top of the Scroll: Trump’s California water plan troubled federal biologists. They were sidelined

Federal scientists and regulators repeatedly complained they were sidelined by Donald Trump’s administration when they warned of risks to wildlife posed by a California water management plan, according to newly unveiled documents.

Aquafornia news Bloomberg Law

EPA water pollution permit limits challenged by San Francisco

San Francisco is challenging the EPA over conditions imposed in a permit that allows the city to send discharge from its combined sewer system into the Pacific Ocean, according to a petition for review in the Ninth Circuit. 

Aquafornia news Ag Information Network of the West

Understanding the water consumption of treenut orchards

Tools such a SWIIM–which stands for Sustainable Water and Innovative Irrigation Management–provides a new standard in water measurement that allows growers to receive an accurate accounting of the water both delivered and consumed by their orchards. … And, of course we are talking about SGMA, the Sustainable Groundwater Management Act.

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Aquafornia news Lexology

Blog: Regulatory changes on the horizon for California State Water Resources Control Board

On December 17, 2020, the Sacramento County Superior Court issued a ruling limiting the ability of the California State Water Resources Control Board (“State Board”) to implement its adopted statewide wetlands and Waters of the State (“WOTS”) regulations. 

Aquafornia news Save the Redwoods League

News release: Save the Redwoods League protects nearly 15,000 acres in Mendocino County

Save the Redwoods League today announced the successful protection of Mailliard Ranch, a 14,838-acre property in southern Mendocino County and the largest coast redwood forest left in private family hands. The $24.7 million project secures three conservation easements across the entire property, which safeguard the land from subdivision and development, regardless of future ownership. In addition to protecting sustainable working forests across nearly 14,000 acres, the easement protects nearly 1,000 acres of reserves, including old-growth coast redwoods, mature mixed-conifer forest and salmon-bearing streams. 

Aquafornia news National Law Review

California wineries must comply with new waste water discharge order

On January 20, 2021, the California State Water Resources Control Board (State Water Board) adopted a new statewide general Waste Discharge Requirement (WDR) order for winery process waste discharge facilities (New Winery Order). This action will affect thousands of wineries and wine processing facilities throughout the state.

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Aquafornia news East Bay Times

Environmental groups file appeal to stop 469-home development near Newark wetlands

Environmentalist groups aiming to stop a major controversial housing development at the edge of Newark’s wetlands are appealing an Alameda County court decision that would allow the project to go forward, marking the latest volley in a decades-long fight over the best use for the land. The Citizens Committee to Complete the Refuge and the Center for Biological Diversity … said the development “would contribute to the loss of Bay wetlands and wildlife habitat,” such as the endangered salt marsh harvest mouse, and could worsen flooding in nearby areas.

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Aquafornia news Bloomberg Law

States clash with Pentagon on PFAS water limits, polluted sites

Six states with drinking water standards for so-called “forever chemicals” are now wrestling with what those limits mean when water contamination from Department of Defense sites seep into their communities. Members of Congress from both parties are starting to vent their frustration at military foot-dragging even as the states take different paths to address the contamination. 

Aquafornia news E&E News

Interior: Tribes expect a voice on land and waters under Haaland

With Democratic New Mexico Rep. Deb Haaland poised to become the first Native American Interior secretary, tribal governments historically marginalized by the agency expect not only a greater respect for their autonomy, but also a more significant role in the nation’s land and water management decisions.

Aquafornia news Water Education Foundation's Western Water

Monday Top of the Scroll: In the heart of the San Joaquin Valley, two groundwater sustainability agencies try to find their balance

Across a sprawling corner of southern Tulare County snug against the Sierra Nevada, a bounty of navel oranges, grapes, pistachios, hay and other crops sprout from the loam and clay of the San Joaquin Valley. Groundwater helps keep these orchards, vineyards and fields vibrant and supports a multibillion-dollar agricultural economy across the valley. But that bounty has come at a price. Overpumping of groundwater has depleted aquifers, dried up household wells and degraded ecosystems. The land is literally sinking…

Western Water By Gary Pitzer

Explainer: The Sustainable Groundwater Management Act: The Law, The Judge And The Enforcer

The Resource

A groundwater pump in the San Joaquin Valley. Groundwater provides about 40 percent of the water in California for urban, rural and agricultural needs in typical years, and as much as 60 percent in dry years when surface water supplies are low. But in many areas of the state, groundwater is being extracted faster than it can be replenished through natural or artificial means.

Aquafornia news U.S. Bureau of Reclamation

News Release: Reclamation releases water reliability in the West report

The Bureau of Reclamation released a summary report providing an assessment of climate change impacts to water uses in the West, including adding a new set of West-wide information based on paleohydrology. The Water Reliability in the West – 2021 SECURE Water Act Report discusses changes and innovative actions across the eight basins identified in the SECURE Water Act.

Aquafornia news The Guardian

One-third of US rivers have changed color in recent decades, research finds

Rivers may seem like immutable features of the landscape but they are in fact changing color over time …The overall significance of the changes are unclear and could reflect various ways in which humans are impacting the environment, said lead author John Gardner, an assistant professor of geology and environmental science at the University of Pittsburgh. One stark example from the study of rapid color change is Lake Mead along the Colorado River.

Aquafornia news Water Education Foundation

Announcement: Foundation resources help you understand groundwater’s vital role in California
Special report on groundwater coming soon

To help you learn more about the importance of groundwater, the Water Education Foundation has an array of educational materials on this vital resource. And next week, the Foundation’s online magazine, Western Water news, will publish a special report examining how two local groundwater agencies are taking different approaches to achieve sustainability in the San Joaquin Valley, one of the most critically overdrafted regions in the state.

Aquafornia news Bloomberg Law

Friday Top of the Scroll: California water operations among Biden agency review plans

California’s tussle with federal authorities over water operations will get a second look under the new administration of President Joe Biden. The 46th president plans to sign a number of executive orders, including one that instructs agency heads to review actions taken under President Donald Trump that “were harmful to public health, damaging to the environment, unsupported by the best available science, or otherwise not in the national interest.” On the list for both the departments of Commerce and Interior is a review of new biological opinions adopted in 2019 governing water delivery in California. 

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Aquafornia news Somach Simmons & Dunn | Attorneys at Law

Blog: Sacramento Superior Court rejects State Water Board’s attempt to apply Water Quality Control Plan to waters not covered by the Clean Water Act

The Sacramento County Superior Court recently issued a final decision in San Joaquin Tributaries Authority v. California State Water Resources Control Board, finding that the State Water Resources Control Board (State Board) is not authorized to adopt a state-level water quality control plan for waters that are not classified as waters of the United States. As a result, the State Board is prohibited from applying the Water Quality Control Plan for Inland Surface Waters and Enclosed Bays and Estuaries of California (Inland Surface Waters WQCP) to wetlands that do not meet the federal definition of waters of the United States.

Aquafornia news Environmental Defense Fund

Blog: After decades of inequity, this woman is bringing long-overlooked voices to California’s land and water decisions

Vicky Espinoza is on a mission. Vicky is passionate about making sure rural, low-income communities and small-scale farmers have a say in land-use and water-management decisions in the San Joaquin Valley. 

Aquafornia news Sierra Sun Times

California Attorney General Becerra joins multistate effort to hold polluters accountable under the clean water act

California Attorney General Xavier Becerra on Monday, as part of a 12-state coalition, submitted comments to the Environmental Protection Agency (EPA) arguing that its new draft guidance misinterprets the U.S. Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund… In the comment letter, the coalition argues that the EPA’s draft guidance tips the scales in favor of polluters by providing them with additional arguments to avoid regulation under the Clean Water Act, contravenes the purpose of the Act, and conflicts with the Court’s decision in County of Maui.

Aquafornia news KQED

Here’s how Newsom’s proposing to spend $4.1 billion on the climate and environment

The $227 billion budget proposed on Friday by Gov. Gavin Newsom includes $4.1 billion in spending on a suite of environmental initiatives meant to fight climate change, gird California against devastating wildfires, reduce smog, and bolster the adoption of clean vehicles on the state’s roads.

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Aquafornia news Pacific Institute

Blog: Water recommendations for the Biden administration

With so much going on in the world right now, why should water be a priority for the Biden administration? The fact is that water challenges in the U.S. are severe and worsening. In November, we hosted a webinar on our recommendations for the next administration, taking audience questions on topics ranging from the nation’s outdated infrastructure to the threat to national security from rising international conflict over water. Read on for our answers to some of these questions.

Aquafornia news Tahoe Daily Tribune

Nevada environmental agency funds water projects in Tahoe

The Nevada Division of Environmental Protection announced that $1 million in Clean Water Act grant funds provided by the U.S Environmental Protection Agency will be used to complete 11 projects, including two in Lake Tahoe, to reduce “nonpoint source pollution” and improve water quality across the state.

Aquafornia news Public Policy Institute of California

Blog: A wish list for water collaboration with the Biden‒Harris administration

Cooperation between California and the federal government was at a low ebb over the past four years. With a new administration in the nation’s capital, what should be top water priorities for collaboration between the state and the federal government? The PPIC Water Policy Center recently discussed this issue with a diverse group of experts.

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Aquafornia news Agri-Pulse

California’s water wars serve as a ‘bellwether’ for Colorado River negotiations

After three decades of water wars in Southern California, policy experts hope a new era in collaborative management will offer inspiration for the ongoing and complex negotiations over Colorado River allocations amid a historic and deepening drought. “Those lessons need to catapult us forward,” said Patricia Mulroy, former head of the Southern Nevada Water Authority, during the fall meeting for the Association of California Water Agencies in December. “These states, these constituencies, these communities cannot afford for these discussions to crater. Failure is not an option.”

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Aquafornia news Bureau of Reclamation

News release: Reclamation finalizes M&I water rate-setting policy

Today, the Bureau of Reclamation announces the finalization of the Municipal and Industrial Water Rate-setting Policy for Central Valley Project water contractors. This accomplishment provides agreement between CVP contractors, Reclamation, and the Department of the Interior regarding the recovery of the CVP cost for M&I water users.

Aquafornia news Center for Biological Diversity

News release: Lawsuit launched to protect 11 species kept on waiting list by Trump administration

The Center for Biological Diversity filed a formal notice of its intent to sue outgoing Interior Secretary David Bernhardt for delaying protection for 11 species that have been identified as warranting endangered status but placed on a candidate list instead. The species that have been kept waiting for protection are the monarch butterfly, eastern gopher tortoise, Peñasco least chipmunk, longfin smelt, Colorado Delta clam, three Texas mussels, magnificent ramshorn snail, bracted twistflower and northern spotted owl.

Aquafornia news Vox

Why the American West is fighting for water protections

Since the Clean Water Act passed in 1972, the assumption has been that all waterways are protected from pollution… But the Trump administration has managed to successfully chip away at environmental protections in the US, including actions like 2020’s implementation of the Navigable Waters Protection Rule. The rule redefined which waterways are under the jurisdiction of and protected by the Clean Water Act, omitting many wetlands and non-perennial water sources, which means some areas of the country are impacted more than others. 

Aquafornia news JD Supra

Blog: EPA muddies the water on permitting discharges to groundwater ‎and what the Biden administration will likely do about it

The EPA did issue a draft guidance memorandum relating to the County of Maui decision, notice of which was published in the Federal Register on December 10, ‎‎2020. However, instead of clarifying the seven criteria stated by the Court in County of ‎Maui or the application of those criteria, the EPA took seven and half pages to state ‎three truisms and added an additional criteria not stated in the Court’s decision ‎bringing the total number of factors to consider in determining whether a discharge to ‎ground water is the functional equivalent of a discharge to navigable waters to eight.

Aquafornia news State Water Resources Control Board

News release: Lahontan Regional Water Quality Control Board appoints Mike Plaziak to executive officer

Michael Raymond Plaziak, a water program expert and geologist with a wide range of experience in water issues in both the military and public sector, has been appointed executive officer of the Lahontan Regional Water Quality Control Board. Plaziak, who has been serving as acting executive officer at the Lahontan Regional Water Quality Control Board, stepped into his new role Dec. 14. He replaces former long-time executive officer Patty Kouyoumdjian, who retired Aug. 21.

Aquafornia news Circle of Blue

Tuesday Top of the Scroll: Four water stories to watch in 2021

Now that the calendar has flipped to January 2021, it’s time to say goodbye to the mess of the past year, yes? … The pandemic’s economic dislocation continues to reverberate among those who lost work. Severe weather boosted by a warming climate is leaving its mark in the watersheds of the Southwest [including the Colorado River]. And President-elect Biden will take office looking to undo much of his predecessor’s legacy of environmental deregulation while also writing his own narrative on issues of climate, infrastructure, and social justice….Litigation over toxic PFAS compounds found in rivers, lakes, and groundwater is already active. Lawsuits are likely to continue at a brisk pace…

Aquafornia news Cox Castle & Nicholson

Blog: Court rules against California’s wetlands regulatory program

The Sacramento Superior Court delivered a serious blow to California’s regulatory program for the protection of wetlands and other waters of the State. The State’s wetland protection program (commonly known as the “Procedures”), which became effective in May, was intended to create a regulatory structure to fill the gap left by recent Trump administration regulations that dramatically narrowed Federal wetland protections.  Ironically, the court’s order prohibits the State of California from applying the Procedures to any waters other than those already protected by Federal law, thus leaving in place the very regulatory gap that the Procedures were intended to fill.