City of Fresno et al v. U.S. Bureau of Reclamation et al

United States Court of of Federal Claims | December 17th, 2024

In this case, we are called upon to review how the federal government resolved a particular dispute over water distribution during the drought-ridden year of 2014

In this case, we are called upon to review how the federal government resolved a particular dispute over water distribution during the drought-ridden year of 2014. As we explain in more detail below, individual growers, irrigation districts (which provide water to farms), water districts (which provide water to municipalities), and the City of Fresno, all located within the area served by the Central Valley Project (“CVP” or “Project”), sued the United States (“government”) over its failure to deliver water they contend they were entitled to under a series of contracts. The government defended its water allocation decisions by pointing to obligations it had under other contracts, to deliver water to another set of entities. Through adjudication of a series of motions, the Court of Federal Claims dismissed several of the plaintiffs’ claims and granted summary judgment to the government on all remaining claims.

City of San Bernardino vs. Fontana Water Co. et al.

Superior Court of California, County of San Bernardino | January 28th, 1924

City of Santa Barbara Sea-Level Rise Vulnerability Study

California Energy Commission (CEC) | July 31st, 2012

Cliff and bluff erosion, flooding of low-lying areas, and damage to shoreline infrastructure and development will continue to affect California’s coastal communities in

Cliff and bluff erosion, flooding of low-lying areas, and damage to shoreline infrastructure and development will continue to affect California’s coastal communities in the decades ahead. Depending upon the rate of future sea-level rise, changes in wave energy, and coastal storm intensity and frequency, these hazards will be likely become more severe, with increasing risks to coastal communities. This study assesses the vulnerability of the City of Santa Barbara to future sea-level rise and related coastal hazards (by 2050 and 2100) based upon past events, shoreline topography, and exposure to sea-level rise and wave attack. It also evaluates the likely impacts of coastal hazards to specific areas of the City, analyzes their risks and the City’s ability to respond, and recommends potential adaptation responses. By 2050, the risk of wave damage to shoreline development and infrastructure in Santa Barbara will be high. Options are limited and adaptive capacity will be moderate, with retreat being the most viable long-term option. By 2100, the risk will become very high. By 2050, flooding and inundation of low-lying coastal areas will present a moderate risk to the City by 2050, which will have a moderate capacity for adaptation. If the high sea levels projected by the State occur, this risk will become very high, and adaptive capacity will become low by 2100. Cliff erosion has been taking place for decades, and as this process continues or increases, additional public and private property in the Mesa area will be threatened. The risk of increased cliff erosion will be moderate by 2050 and very high by 2100. Because armoring is ineffective here and retreat necessitates the relocation of structures, adaptive capacity will be low. Inundation of beaches presents a low threat to the City by 2050 but a high threat by 2100. The City faces a dilemma: protect oceanfront development and infrastructure or remove barriers and let beaches migrate inland. By 2100 structures will have to be moved if beaches are to be maintained.

City of Santa Barbara Wastewater and Water Systems Climate Adaptation Plan

City of Santa Barbara | December 9th, 2025

This Wastewater and Water Systems Climate Adaptation Plan evaluates impacts on the City's critical water and wastewater systems from hazards worsened by climate change. I

This Wastewater and Water Systems Climate Adaptation Plan evaluates impacts on the City's critical water and wastewater systems from hazards worsened by climate change. It is part of a broader City Adaptation and Resilience Program, which monitors changing conditions and adapts infrastructure in phases. Funded by the California Coastal Commission, Coastal Conservancy, and the City itself, the Plan satisfies state requirements and supports City Council’s goals to prepare for the effects of climate change.

Civic Engagement and Water Data: How Can California Make Data Work for Decision Makers?

University of California, Berkeley (UC Berkeley) | September 1st, 2020

 Much attention is focused on water data in California, and for good reason. California is struggling to make decisions that adapt its water systems to pressures such as

 Much attention is focused on water data in California, and for good reason. California is struggling to make decisions that adapt its water systems to pressures such as climate change and population growth. Fully informed decisions are impossible without accurate and accessible data and information to support them. California already produces immense amounts of water-related data. However, agencies and stakeholders currently struggle to bring these data together to support routine decision making. Overall, we lack any systematic understanding of whether and how existing data can support the needs of decision makers. 

Classifying California’s stream thermal regimes for cold-water conservation

PLOS | August 20th, 2021

Stream temperature science and management is rapidly shifting from single-metric driven approaches to multi-metric, thermal regime characterizations of streamscapes. Giv

Stream temperature science and management is rapidly shifting from single-metric driven approaches to multi-metric, thermal regime characterizations of streamscapes. Given considerable investments in recovery of cold-water fisheries (e.g., Pacific salmon and other declining native species), understanding where cold water is likely to persist, and how coldwater thermal regimes vary, is critical for conservation. California’s unique position at the southern end of cold-water ecosystems in the northern hemisphere, variable geography and hydrology, and extensive flow regulation requires a systematic approach to thermal regime classification. We used publicly available, long-term (> 8 years) stream temperature data from 77 sites across California to model their thermal regimes, calculate three temperature metrics, and use the metrics to classify each regime with an agglomerative nesting algorithm. Then, we assessed the variation in each class and considered underlying physical or anthropogenic factors that could explain differences between classes. Finally, we considered how different classes might fit existing criteria for cool- or cold-water thermal regimes, and how those differences complicate efforts to manage stream temperature through regulation. Our results demonstrate that cool- and cold-water thermal regimes vary spatially across California. Several salient findings emerge from this study. Groundwater-dominated streams are a ubiquitous, but as yet, poorly explored class of thermal regimes. Further, flow regulation below dams imposes serial discontinuities, including artificial thermal regimes on downstream ecosystems. Finally, and contrary to what is often assumed, California reservoirs do not contain sufficient cold-water storage to replicate desirable, reach-scale thermal regimes. While barriers to cold-water conservation are considerable and the trajectory of cold-water species towards extinction is dire, protecting reaches that demonstrate resilience to climate warming remains worthwhile.

Clay Mineralogy of Pleistocene Lake Tecopa

U.S. Geological Survey (USGS) | July 1st, 1979

Clay minerals in the late Quaternary sediment of Tulare Lake, California: Implications for climate change, weathering, and erosion processes

International Journal of Sediment Research (Elsevier) | October 1st, 2019

The clay mineralogy of Tulare Lake sediment was examined to investigate hydroclimatic and environmental changes in the southern Sierra Nevada Mountains (SNM) since the mo

The clay mineralogy of Tulare Lake sediment was examined to investigate hydroclimatic and environmental changes in the southern Sierra Nevada Mountains (SNM) since the most recent glacial maximum. Evolution of clay mineral assemblages elucidates significant changes in weathering, erosion, and hydroclimatic condition in the catchment. During the last glacial period (24.4–15.1 cal ka BP), low illite content implies less physical erosion of the granitic batholith rocks and a cold and arid environment in the southern SNM. Abrupt increases of illite content at 21.8–20.8 and 17.6 cal ka BP resulted from the glacier advances to the ablation zone and illite-rich glacier flour was transported down to the lake. The gradual increase of smectite induced by progressive depletion of illite-rich glacier flour from 17.6 cal ka BP toward the end of this period indicates climate was beginning to get warm and wet. From 11.9 to 5.3 cal ka BP, two warm and wet periods (10.7–9.4 and 8.2–5.2 cal ka BP) were characterized by high smectite/illite content ratios and low illite crystallinity values, suggesting intensive rainfall precipitation and more physical erosion in the highland and lowland catchment as well as more smectite formation in the terrace soils. Since the last glacial period, physical erosion, in comparison to the chemical weathering, was the dominant process responding to the hydroclimatic change in the Tulare Lake catchment. Moderate to weak chemical weathering was signified by the mostly low illite chemical weathering index of the core sediments. Such results suggest that vegetation cover in the southern SNM was low and limited.

Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States

U.S. Environmental Protection Agency (EPA) | December 2nd, 2008

Congress enacted the Clean Water Act ("CWA" or "the Act") "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." One

Congress enacted the Clean Water Act ("CWA" or "the Act") "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." One of the mechanisms adopted by Congress to achieve that purpose is a prohibition on the discharge of any pollutants, including dredged or fill material, into "navigable waters" except in compliance with other specified sections of the Act. In most cases, this means compliance with a permit issued pursuant to CWA §402 or §404. The Act defines the term "discharge of a pollutant" as "any addition of any pollutant to navigable waters from any point source" and provides that "[t]he term `navigable waters' means the waters of the United States, including the territorial seas[,]." In Rapanos, the Supreme Court addressed where the Federal government can apply the Clean Water Act, specifically by determining whether a wetland or tributary is a "water of the United States." The justices issued five separate opinions in Rapanos (one plurality opinion, two concurring opinions, and two dissenting opinions), with no single opinion commanding a majority of the Court. The Rapanos Decision Four justices, in a plurality opinion authored by Justice Scalia, rejected the argument that the term "waters of the United States" is limited to only those waters that are navigable in the traditional sense and their abutting wetlands. However, the plurality concluded that the agencies' regulatory authority should extend only to "relatively permanent, standing or continuously flowing bodies of water" connected to traditional navigable waters, and to "wetlands with a continuous surface connection to" such relatively permanent waters . Justice Kennedy did not join the plurality's opinion but instead authored an opinion concurring in the judgment vacating and remanding the cases to the Sixth Circuit Court of Appeals.  Justice Kennedy agreed with the plurality that the statutory term "waters of the United States" extends beyond water bodies that are traditionally considered navigable." Justice Kennedy, however, found the plurality's interpretation of the scope of the CWA to be "inconsistent with the Act's text,structure,andpurpose[,]" and he instead presented a different standard for evaluating CWA jurisdiction over wetlands and other waterbodies.' Justice Kennedy concluded that wetlands are"waters of the United States" "if the wetlands, either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as `navigable.' When, in contrast, wetlands' effects on water quality are speculative or insubstantial, they fall outside the zone fairly encompassed by the statutory term 'navigable waters.' Four justices, in a dissenting opinion authored by Justice Stevens, concluded that EPA's and the Corps' interpretation of "waters of the United States" was a reasonable interpretation of the Clean Water Act. When there is no majority opinion in a Supreme Court case, controlling legal principles may be derived from those principles espoused by five or more justices. Thus, regulatory jurisdiction under the CWA exists over a water body if either the plurality's or Justice Kennedy's standard is satisfied. Since Rapanos, the United States has filed pleadings in a number of cases interpreting the decision in this manner. The agencies are issuing this memorandum in recognition of the fact that EPA regions and Corps districts need guidance to ensure that jurisdictional determinations, permitting actions, and other relevant actions are consistent with the decision and supported by the administrative record. Therefore, the agencies have evaluated the Rapanos opinions to identify those waters that are subject to CWA jurisdiction under the reasoning of a majority of the justices. This approach is appropriate for a guidance document. The agencies will continue to monitor implementation of the Rapanos decision in the field and recognize that further consideration of jurisdictional issues, including clarification and definition of key terminology, may be appropriate in the future, either through issuance of additional guidance or through rulemaking.

Clean Water, Clean Beaches Water Quality Funding Measure*

Los Angeles County Department of Public Works (LACDPW) | September 21st, 2012

The Problem: Stormwater and runoff rushes down the street, picking up trash and toxic pollutants. On a rainy day, over 10 billion gallons of contaminated stormw

The Problem: Stormwater and runoff rushes down the street, picking up trash and toxic pollutants. On a rainy day, over 10 billion gallons of contaminated stormwater flows directly — untreated — into rivers, creeks, lakes and our bay and coastal waters. Polluted stormwater and urban runoff include toxins and pathogens that can affect our health, drinking water supplies, and the health of marine life. Contaminants include: Industrial solvents, paints and chemicals; heavy metals like lead, mercury, chromium and arsenic; infection-causing bacteria; pesticides and fertilizers; and trash like plastics, cigarette butts, candy wrappers and syringes. *The proposed solution, a parcel tax to fund stormwater remediation and capture projects, failed before the Los Angeles County Board of Supervisors in 2013.