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Elizabeth Ewens

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Elizabeth Ewens, a water resources attorney in Stoel Rives’ Environment, Land Use and Natural Resources group, emphasizes the preservation and defense of water rights, and water right management and regulation. Elizabeth has represented public agencies, State Water Project contractors, and private individuals and entities in complex water resources litigation in the western U.S. involving both surface and groundwater rights. Her practice also includes representing clients in state and federal administrative, trial court, and appellate proceedings, and representing clients in mediations and dispute resolution proceedings to achieve negotiated solutions to complex water issues.

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The State Water Resources Control Board (“State Water Board”) is in the final stages of developing a revised Statewide Construction Stormwater General Permit (“Construction Stormwater General Permit” or “Permit”).  The State Water Board is currently accepting public comments on a limited set of revisions to the draft Construction Stormwater General Permit, has noticed one last public workshop to discuss the contents of the proposed Permit, and has scheduled a hearing to consider adoption of the proposed Permit.  Important dates are as follows:Continue Reading State Water Board to Consider Adoption of proposed Statewide Construction Stormwater General Permit at September 8, 2022 Meeting

The State Water Resources Control Board (“Water Board”) is now receiving public comments on certain components of its revised proposed statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”).

The first draft Construction Stormwater General Permit was released by the Water Board on May 28, 2021, following Staff’s preliminary draft released in November 2020 and consideration of public comments raised in public workshops held in December 2020.  A revised proposed draft Construction Stormwater General Permit was released on March 30, 2022.  Water Board Staff is now accepting comments on the following items in the revised draft Permit:

  • Anti-degradation findings set forth in Order, Findings 9-18;
  • Regulatory transition requirements set forth in Order, Section III.C;
  • Sediment-based numeric effluent limitations for 14 pollutants as set forth in total maximum daily load (“TMDL”) implementation requirements in Attachment H section I.G.5, and the Fact Sheet sections I.G.5.g and I.W.6.g; and
  • Nitrogen-based nutrient numeric action levels for the Los Angeles Area Lakes TMDL, the Los Angeles River Nutrients TMDL, the Santa Clara River Nitrogen Compounds TMDL, and the Ventura River Algae TMDL in Table H-2 of Attachment H, and in Fact Sheet sections I.G.5.d and I.W.6.d.

Continue Reading State Water Board Receiving Limited Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General Permit; Will Consider Adoption At July 19, 2022 Meeting

On June 10, 2021, the State Water Resources Control Board (“Water Board”) issued a Revised Public Notice that changed certain dates noted in our June 2, 2021 blog post.  The Water Board’s public hearing to receive public comments on the draft Construction Stormwater General Permit reissuance is now scheduled to occur at 9:00 a.m. on…

The State Water Resources Control Board (“Water Board”) is now receiving public comments on its proposed reissuance of the statewide National Pollutant Discharge Elimination System (“NPDES”) Construction Stormwater General Permit (“Construction Stormwater General Permit”).

I.     Background

The Construction Stormwater General Permit regulates discharges to waters of the United States from stormwater and authorized non-stormwater associated with construction activities that disturb one or more acres of land, or are part of a common plan of development or sale that disturbs one or more acre of land surface.  California’s previous Construction Stormwater General Permit expired in September 2014 but has been administratively extended until a reissued permit is adopted.
Continue Reading State Water Board Now Receiving Public Comments on Its Proposed Reissuance of the Statewide NPDES Construction Stormwater General Permit

On November 30, 2020, State Water Resources Control Board (State Water Board) staff released a preliminary staff draft of the Statewide Construction Stormwater General Permit (Preliminary Draft General Permit).  In conjunction with its release of the Preliminary Draft General Permit, State Water Board staff also announced that they will hold two public workshops regarding the preliminary staff draft.  According to the Public Notice, the workshops are intended to: (1) provide stakeholders and interested parties information regarding the preliminary draft General Permit, and (2) allow stakeholders and interested parties to provide feedback to staff.

The Preliminary Draft General Permit includes:

  • New requirements to implement existing Total Maximum Daily Loads;
  • New regulation of passive treatment technology uses and discharges from dewatering activities;
  • Updated criteria for Notices of Non-Applicability;
  • Efficiency to the existing Notice of Termination process;
  • Requirements to implement the California Ocean Plan, the Inland Surface Waters Plan, and statewide Trash provisions;
  • Updated requirements for demolition activities;
  • Updated water quality sampling requirements per the federal Sufficiently Sensitive Test Methods Rule; and
  • Updated monitoring and reporting requirements.

Continue Reading State Water Board Staff Releases Staff Preliminary Draft Statewide Construction Stormwater General Permit and Announces Virtual Workshops

As a follow-up to our July 15, 2020 blog post regarding the State Water Resources Control Board’s (State Water Board) release of proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (proposed General Order), today the State Water Board issued a public notice regarding the first stakeholder meeting to discuss fees…

On July 3, 2020, the State Water Resources Control Board (State Water Board) released proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (proposed General Order) along with the draft California Environmental Quality Act (CEQA) Initial Study and Mitigated Declaration for public comment.  The proposed General Order will apply statewide, and includes requirements to ensure winery operations will not adversely impact water quality. The State Water Board also noticed a July 22, 2020 public workshop and future proposed adoption of the proposed General Order.  The July 22, 2020 public workshop will begin at 9:30 a.m. via remote attendance only.  Although a quorum of the State Water Board will be present at the public workshop, no final action will be taken at the workshop.
Continue Reading California Wineries Take Note: State Water Board Releases Draft General Order for Winery Process Water for Public Comment

On March 19, 2020, California issued Executive Order N-25-20, a statewide shelter in place order in response to the COVID-19 pandemic, significantly altering operations of both state agencies and private businesses.  However, California’s water regulators, including the State Water Resources Control Board (SWRCB), the Regional Water Quality Control Boards, and the Department of Water Resources (DWR), have committed to maintaining critical deadlines, compliance requirements, and agency operations in the interest of public health and safety.

Importantly, the SWRCB’s Division of Water Rights continues to require all surface water users to submit annual reports to meet the April 1, 2020 deadline for reporting 2019 water use.  As of the publication of this alert, although the Division of Water Rights has postponed non-essential file review, the Division of Water Rights is maintaining limited hours to view essential records, by appointment only.

Additionally, the SWRCB and the nine Regional Water Quality Control Boards (collectively “Water Boards”) issued a guidance statement providing that in the interest of protecting public health, safety, and the environment, timely compliance with all Water Board orders and requirements is required. This includes compliance with regulations, permits, contractual obligations, primacy delegations, and funding conditions that are in effect.Continue Reading State Water Agencies Expect Water Use Reporting to Continue as Normal as California Shelters in Place

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.