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On October 18, 2016, the Department of Water Resources (DWR) released its final modifications to California’s groundwater basin boundaries in response to the emergency regulations adopted by DWR last October.  The basin boundary changes were implemented under the Sustainable Groundwater Management Act (SGMA) to provide flexibility to local public agencies to bring their groundwater basins…

The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions.

According to Senator Pavley, the author of SB 1425, “While some of the water-energy related climate pollution is already covered in the state’s cap-and-trade program (via the electricity generation sector), the state does not currently have a clear accounting of the total greenhouse gas emissions associated with the water system.”

SB 1425 requires CalEPA to oversee the development of a registry for GHG emissions that result from the “water-energy nexus” using the best-available data. Participation in the registry is voluntary and open to water agencies, large water consumers, businesses and others conducting business in the state.  SB 1425 provides that entities participating in the registry may qualify for GHG emission reduction incentives.
Continue Reading New Law Takes Aim at GHG Associated with California’s Water Sector

With Senate Bill 1262 (“SB 1262”), California’s Sustainable Groundwater Management Act (“SGMA”) has become firmly rooted into the State’s water supply planning laws. Specifically, SB 1262 amends the Water Supply Assessment statute (commonly referred to as “SB 610”) and the Written Verification statute (commonly referred to as “SB 221”).

Background – SB 610 & SB 221

As way of background, SB 610 and SB 221 operate to help cities and counties make informed land use decisions by providing the local governments with information on water supply availability. SB 610 and SB 221 are companion laws that promote more collaborative planning between local water suppliers and cities and counties.  Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects.

Under SB 610, Water Supply Assessments must be provided to local governments for certain projects subject to the California Environmental Quality Act (“CEQA”). The Water Supply Assessment must analyze whether projected water supplies are sufficient to meet the projected water demand of the proposed development project.  Similarly, under SB 221, approval by a city or county of certain subdivisions requires an affirmative Written Verification of sufficient water supply.
Continue Reading With SB 1262, SGMA Becomes Further Entrenched in California’s Water Supply Planning Laws

This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback.

South Coast Air Quality Management District:

*Continued Report on New Management: Wayne Nastri, once an SCAQMD Governing Board Member, former USEPA Region IX Regional Administrator and recently an environmental consultant, was appointed acting Executive Director (ED) for the AQMD earlier this year. Some describe him as “a breath of fresh air at the District.” The Governing Board is conducting a nationwide search for a permanent ED, yet has extended Mr. Nastri’s initial 6-month term until February 2017. Mr. Nastri has made a number of staffing changes: Jill Whynot was promoted to Chief Operating Officer, working out of the Executive Office (# 2 position); Laki Tisopulos replaced Mohsen Nazemi as Deputy Executive Officer (DEO) for Engineering and Compliance; Susan Nakamura replaced Jill Whynot as acting assistant DEO for Planning and Rules.
Continue Reading SOUTHERN CALIFORNIA ENVIRONMENTAL UPDATE #2

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements. As we previously reported, all surface water diverters will be required to report their diversions annually instead of every three years, as previously required.

Below are three things you need to know about the new requirements:

  1. The requirements will be phased in depending on how much you divert.

The measurement requirements of the regulation apply to all water right holders who divert more than 10 acre-feet of water per year and will be phased in between January 2017 and January 2018. Large diverters with a right to take 1,000 acre-feet of water or more per year must have a measuring device in place by January 1, 2017, while those with rights for 100 to 1,000 acre-feet have until July 1, 2017 and those with rights to take 10 to 100 acre-feet must comply by January 1, 2018.
Continue Reading Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

Stanford University released a study this week stating that California has three times more useable groundwater located in deep aquifers than previously estimated.  This might come as welcome news to a state that continues to suffer through a historic drought.  The researchers found that fresh groundwater was available at depths previously thought to be too deep to contain fresh water.

At the outset, readers should note that “freshwater” and “drinking water” are terms of art having regulatory and legal distinctions, and ultimately making a difference for the public welfare. The definition of freshwater varies depending on the state or federal agency; however, freshwater is generally defined as having less than 3,000 mg/L of total dissolved solids (“TDS”).  Underground Sources of Drinking Water (“USDW” or “drinking water”) as defined by the Environmental Protection Agency include groundwater aquifers with less than 10,000 mg/L TDS.  For reference, seawater contains approximately 35,000 mg/L TDS.

Historically, California’s fresh groundwater supply was thought to be limited to water found above 1,000 feet. However, the researchers determined that the mean base of fresh water (“BFW”) in five Central Valley counties (Kern, Fresno, Solano, Colusa, and Yolo) ranged from 1,345 feet (Colusa) to 2,204 feet (Kern).  The base of drinking water is considerably deeper than the freshwater.  Specifically, USDW can be found in Kern and Los Angeles Counties at depths deeper than 8,200 feet.
Continue Reading Does California Bear A Water “Windfall” From Deep-Aquifer Sources?

California has moved one step closer to implementing the Sustainable Groundwater Management Act (“SGMA”), California’s landmark groundwater legislation. On Wednesday, May 18, the California Water Commission adopted a set of regulations that will govern the creation of groundwater sustainability plans (“GSPs”) by local Groundwater Sustainability Agencies (“GSAs”). The emergency regulations, developed by the Department of Water Resources (“DWR”), take effect in June.

The new regulations will have some real impacts on GSAs and their implementation of SGMA. The most significant requirements include:
Continue Reading New Regulations for California Groundwater Management

Despite the wet start of 2016, many parts of California continue to face severe water shortages.  The state has grown ever more tapped with groundwater production wells as Californians seek to utilize aquifers to meet their water needs.  However, experts have warned that this modern-day “gold rush” for water from underground aquifers may carry serious consequences for the environment and the future, as well as groundwater users (particularly as implementation of the Sustainable Groundwater Management Act gets underway).

In response, Senator Lois Wolk (D-Davis) has introduced legislation that will halt the development of new water wells in aquifers at risk of overdraft. The Aquifer Protection Act would require cities or counties overlying groundwater basins designated as high- or medium-priority under the Sustainable Groundwater Management Act (Water Code section 10722.4) to require conditional use permits for new water wells.  The bill prohibits new well permits in basins of critical overdraft and basins that are in probationary status.

Cities and counties can avoid the requirements of the Aquifer Protection Act by passing their own limits, which is easier said than done given the hotly contested fights over access to water and water rights. Wells yielding small amounts of water and replacement wells are exempt from the Act.
Continue Reading Aquifer Protection Act – Slowing the Flow from California Aquifers

On Wednesday, February 10, Senators Dianne Feinstein and Barbara Boxer (Dem.-California) introduced a draft bill with the explicit purpose to “provide short-term water supplies to drought-stricken California and provide for long-term investments in drought resiliency throughout the Western United States.”  Entitled, “California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act” (hereinafter “bill”), the 184-page bill lays out mandates for the use of funds for water projects, water infrastructure improvements and storage, emergency drought relief, and protection of listed and endangered species.

Technology and financing for water supply and re-use are also focuses of the bill. Notably, the bill supports the use of desalination and water recycling.  With regard to desalination, the bill identifies 26 desalination projects throughout California that are capable of producing more than 330,000 acre-feet of water per year.  The bill proposes adding long-term funding to support desalination projects.  In addition, the bill recognizes the need for conservation and water re-use by authorizing the expenditure of $200 million in funds for the Bureau of Reclamation’s water recycling and reuse program.  This money would be used to fund projects to reclaim and reuse wastewaters and naturally impaired ground and surface water.Continue Reading Fish versus Farms: Proposed Federal Legislation Seeks a Balance for California Water Supplies

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