Legal Aspects of Instream Water Uses in California: Background and Issues

California State Water Resources Control Board (SWRCB) | January 1st, 1978

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTEN

This paper is part of a series of background and issue papers prepared by the staff of the Governor's Commission to Review California Water Rights Law. TABLE OF CONTENTS I. Introduction II. The Nature of Property Rights III. State Water Resources Control Board Authority Related to Instream Uses IV.  Other Authority for the Protection and Enhancement of Instream Uses V. Methods of Protecting Instream Uses in Western States other than California VI.  Issues

Light v. State Water Resources Control Board

Court of Appeals of California, First Appellate District | July 11th, 2014

Local Groundwater Withdrawal Permitting Laws in the South?Western U.S.: California in Comparative Context

National Groundwater Association (NGWA) | December 13th, 2016

The Sustainable Groundwater Management Act (SGMA) aims to control, for the first time in California's history, the state's significant use and depletion of groundwa

The Sustainable Groundwater Management Act (SGMA) aims to control, for the first time in California's history, the state's significant use and depletion of groundwater. SGMA gives local agencies a high degree of discretion in relation to a new permitting power, but the discretion is a double-edged sword: agencies gain maximum flexibility to tailor their regime to local conditions, yet the statute provides no direction on appropriate components of a groundwater permitting regime. We introduce SGMA and the broader legislative context to its permitting power, and we explain the continuing common law context in which the legislation operates. This information is used as the foundation for a comparative legal analysis of fundamental elements of permitting regimes. We compare a selection of six other south-western permitting regimes established in legislation for areas recognized as requiring intensive management through permitting: “special permitting areas” (SPAs). We find that permitting regimes in south-western SPAs share a structure containing several almost universal elements, although the policy settings that apply to those elements vary widely. The established permitting regimes in the other south-western states' SPAs may inform Californian agencies seeking to use their new permitting power for the first time, as well as water agencies further afield, as to important components of a permitting regime, and the different policy settings that could apply to those components. Californian local agencies, and its Department of Water Resources, which is charged with providing local agencies technical advice, should have regard to these permitting possibilities.

Local Water Governance in the Delta

California State Water Resources Control Board (SWRCB) | April 8th, 2014

As the Sacramento San Joaquin Delta (Delta) evolved from an historic tidally-influenced marshland to a diverse agricultural region, local water governance structures also

As the Sacramento San Joaquin Delta (Delta) evolved from an historic tidally-influenced marshland to a diverse agricultural region, local water governance structures also evolved to meet the water needs of the area. The purpose of this report is to outline the development of these local water governance structures.

Los Angeles Waterkeeper v. State Water Resources Control Board

Second Appellate District, Court of Appeal of the State of California | February 27th, 2023

Los Osos Community Services District v. Golden State Water Company

Superior Court of California, County of San Luis Obispo | October 14th, 2015

This Stipulated Judgment concerns the Los Osos Groundwater Basin, as it is more particularly described in Sections 1.4.2 and 2.1 of this Stipulated Judgment, which underl

This Stipulated Judgment concerns the Los Osos Groundwater Basin, as it is more particularly described in Sections 1.4.2 and 2.1 of this Stipulated Judgment, which underlies the unincorporated communities of Los Osos, Baywood Park and Cuesta-by-the-Sea in San Luis Obispo County, California (“Basin”). The Basin is the only source of water for residential, commercial, institutional and agricul-tural development on properties overlying the Basin. This litigation (the “Action”) relates to efforts by the parties to sustainably manage the water resources of the Basin and to protect and promote the economic, environmental and social health of the community.

Lower Colorado River Basin Plan letter to the U.S. Bureau of Reclamation, 5/22/23

U.S. Bureau of Reclamation (USBR) | May 22nd, 2023

Management of the Colorado River: Water Allocations, Drought, and the Federal Role

Congressional Research Service (CRS) | August 4th, 2022

Managing Drought in a Changing Climate: Four Essential Reforms

Public Policy Institute of California (PPIC) | September 12th, 2018

California’s climate is changing. Hotter temperatures, a shrinking snowpack, shorter and more intense wet seasons, rising sea level, and more volatile precipita

California’s climate is changing. Hotter temperatures, a shrinking snowpack, shorter and more intense wet seasons, rising sea level, and more volatile precipitation—with wetter wet years and drier dry years—are stressing the state’s water management system. Recent climate projections indicate that the pace of change will increase. To avoid unwanted social, economic, and environmental consequences, the water system will need to adapt to greater climate extremes and growing water scarcity. While California is making good progress in some areas of drought management, a more focused plan of action is needed. Successful adaptation will require strong leadership at the state and local levels, and cooperation on all fronts. The 2012–16 drought—the hottest in the state’s recorded history and one of the driest—offered a window into the future under a warming climate and lessons for managing future droughts. Using these lessons as a starting point, this report offers a road map of essential reforms to prepare for and respond to droughts in California’s changing climate. Key reforms include: Plan ahead. Stronger drought planning is critically important for urban water management, groundwater sustainability, safe drinking water in rural communities, and freshwater ecosystems. Upgrade the water grid. California needs a comprehensive program to address above- and below-ground storage, conveyance, and operational challenges by mid-century, including repairing facilities that are broken, expanding conveyance and storage capacity, and modernizing and integrating operations. Update water allocation rules. California should comprehensively update its water allocation governance. The goals should be to find equitable and efficient ways to allocate limited supplies among competing demands during dry times while promoting efforts to capture and store water during wet times. Find the money. Reliable funding is crucial for adapting to climate change. New sources are needed to pay for necessary water-management investments and to fill funding gaps in the state’s water system. The focus of this reform agenda is on drought, because drought―more than any other aspect of California’s climate―reveals the vulnerabilities of watermanagement systems. Importantly, these reforms will improve drought resilience for today’s conditions, not just for the future.

Managing Water Scarcity: A Framework For Fair And Effective Water Right Curtailment In California

Berkeley Law Center for Law, Energy, & the Environment | April 15th, 2023

The report describes the legal context for water right curtailments in California, summarizes the history of curtailment practices in the state, and recommends actions Ca

The report describes the legal context for water right curtailments in California, summarizes the history of curtailment practices in the state, and recommends actions California can take to build an effective framework for curtailment.