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

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

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

Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration agreement provisions of the California Fish and Game Code (“CDFW”).  The court ruled that California Fish and Game Code

California’s unique geography and climate have allowed the State to become one of the most productive agricultural regions in the world. Over a third of the country’s vegetables and two-thirds of the country’s fruits and nuts are grown in California. In an average year California’s agricultural industry irrigates 9.6 million acres using roughly 34 million acre-feet of water.

California’s growing demand for water has increased the pressure on California’s agriculture industry to use water more efficiently. To encourage the efficient use of agricultural water, the Department of Water Resources (“DWR”) operates the Agricultural Water Use Efficiency Grants Program (“Grant Program”). The Grant Program is funded with $30 million for agricultural water use efficiency projects.

Grants are available for two types of projects: “Implementation Projects” and “Other Projects.” “Implementation Projects” are projects that create measurable water conservation benefits.  “Other Projects” create potential water conservation benefits, such as research, training, education, and public outreach.
Continue Reading DWR Put’s Money Where Its Mouth Is In Ag Water Efficiency Grant Program

On May 5, 2015, the State Water Resources Control Board (“Water Board”) adopted Emergency Regulations implementing a statewide 25% reduction of potable urban water use, which includes commercial, industrial, and institutional water use, in addition to residential water use. These regulations are in response to Governor Brown’s April 1, 2015 Executive Order mandating a statewide 25% reduction in water use from June 2015 through February 2016, as compared to the same months in 2013.   These regulations apply to all urban water suppliers, as defined in Water Code section 10617, excluding wholesalers.

To achieve the 25% statewide reduction in potable urban water use, the Water Board requires those areas with high per capita water use to achieve proportionally greater reductions than those with low use. The Water Board assigned each urban water supplier to one of nine tiers depending on the per capita water use in the supplier’s distribution area. Suppliers with the highest per capita water use must reduce water consumption by as much as 36%, while suppliers with the lowest water use must reduce water consumption by only 8%. Upon meeting certain requirements and approval by the Executive Director of the Water Board, some suppliers may qualify to be placed in a special tier requiring only a 4% reduction. Small water suppliers, defined as those with fewer than 3,000 service connections, must achieve a 25% reduction in water use or restrict outdoor irrigation to no more than two days per week. Water suppliers are left to obtain these results through local restrictions on both residential and non-residential users.Continue Reading California Water Board Signs Off on Emergency Urban Water Use Restrictions