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

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

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

Congressional Research Service (CRS) | April 4th, 2024

From its headwaters in Colorado and Wyoming to its terminus in the Gulf of California, the Colorado River Basin covers more than 246,000 square miles. The basin spans sev

From its headwaters in Colorado and Wyoming to its terminus in the Gulf of California, the Colorado River Basin covers more than 246,000 square miles. The basin spans seven U.S. states (Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada, and California) and two countries (the United States and Mexico). Pursuant to federal law, the Bureau of Reclamation (Reclamation), a component of the Department of the Interior (DOI), plays a prominent role in the management of the basin’s waters. In the Lower Basin (i.e., Arizona, Nevada, and California), Reclamation also serves as water master on behalf of the Secretary of the Interior, a role that elevates the status of the federal government in basin water management. The federal role in managing Colorado River water is magnified by the multiple federally owned and operated water storage and conveyance facilities in the basin, which provide low-cost water and hydropower supplies.

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.

Maps, Models, and Mystery: Interconnected Groundwater and the Public Trust

American Bar Association (ABA) | August 10th, 2019

Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office of your local cartographer. We are a p

Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office of your local cartographer. We are a profession that depends on, and you might even say reveres, a good map. Rights to water flowing in surface streams are fundamentally defined by geography, and maps have long been a requirement of appropriation and essential evidence of riparian ownership. In turn, injury to a surface water right is determined by physics, as the topography of the land establishes the linear relation of impacts from other diversions, whether it be upstream (cause), or downstream (affected). In homage to these principles, some hydrologists will orient their maps top-to-bottom as upstream to downstream, rather than north to south. In our practice, gravity is our compass. Upending the convenient simplicity of rivers and streams flowing from mountaintop to ocean are alluvial and glacial valleys, in which unconsolidated sediment serve as giant sponges and blocks of fractured rock contain hidden stores of oftentimes ancient waters. Through these geologic features, hidden beneath the surface, water percolates, flows, and moves across the landscape. These subsurface waterbodies interconnect with surface streams and changes in the groundwater basin, whether due to drought or artificial extractions, and influence surface flow on a time scale ranging from minutes to centuries. To understand the relationship with any hope of precision, we need much more than a map; we need a hydrogeologist and a whole lot of data. All of this is by way of introducing two themes of emerging law in California that stand to influence trends beyond the state: (1) the legal relevance of interconnected groundwater to surface flows in protecting instream uses, and (2) recognition in the law of the need to understand and manage these interconnected waters.

Memo: Effect of SWANCC vs. United States on the 401 certification program

California State Water Resources Control Board (SWRCB) | January 25th, 2001

This memorandum has been prepared to explain the effect of the recent US Supreme Court decision of Solid Waste Association of Northern Cook Counties v. United States Corp

This memorandum has been prepared to explain the effect of the recent US Supreme Court decision of Solid Waste Association of Northern Cook Counties v. United States Corps of Engineers (hereinafter “SWANCC”), which was issued on January 9th. The memo is intended to address the impact of the decision on the 401 program (33 U.S.C. § 1341), and to indicate alternative regulatory avenues available to the Regional Boards for waters that are no longer covered by section 404/401 jurisdiction.

Memo: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta

California State Water Resources Control Board (SWRCB) | December 15th, 2017

To: Michael Patrick George, Delta Watermaster From: Micah Green, Water Rights Analyst Re: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in

To: Michael Patrick George, Delta Watermaster From: Micah Green, Water Rights Analyst Re: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta Date: December 15, 2017 Pursuant to your request, I have researched an issue raised in the course of my review of responses to the Division of Water Rights’ 2015 Information Order submitted by water right claimants within the Legal Delta. I. Question Presented Under California water law and within the Legal Delta, are there any circumstances under which riparian and appropriative rights can “overlap” becoming indistinguishable or inseparable such that either or both may be lawfully exercised at the election of the holder? II. Short Answer It is possible to perfect both riparian and appropriative water rights for beneficial use on the same parcel. However, riparian and appropriative rights are distinct property interests that must be separately established. There is no California precedent recognizing “overlapping” or “intertwined” water rights, and water laws against hoarding and non-use operate to preclude the duplicative exercise of water rights.

Minimizing the Impact of Cannabis Cultivation on California Lands and Waterways

California State Water Resources Control Board (SWRCB) | February 17th, 2017

Following recent changes in state law and voter-approved initiatives, California’s commercial cultivation of cannabis for recreational and medical use is expected to gr

Following recent changes in state law and voter-approved initiatives, California’s commercial cultivation of cannabis for recreational and medical use is expected to grow significantly. The State Water Resources Control Board has adopted a state cannabis policy to set up strict environmental standards, and a permitting system to protect local surface water from dewatering, protect water habitat and prevent pollution in the state’s rivers and streams. Left unregulated, cannabis cultivation can pose serious threats to water quality and the environment. Cannabis cultivation impacts include the release of fertilizers, pesticides and other supplements that degrade water quality and threaten wildlife. Excessive water diversions can injure fish or even dewater smaller streams. The physical alteration of the land can harm stream habitat and wildlife by the sediment and debris that is deposited in waterways by unregulated cultivation. Overview: The State Water Board’s “Cannabis Cultivation Policy, Principles and Guidelines for Cannabis Cultivation” (Policy) will be implemented through a water quality permit and a water right. The water quality permit is referred to as a Statewide General Order for Cannabis Cultivation Activities (Cannabis General Order). The water right is referred to as a Cannabis Small Irrigation Use Registration. Tiered Approach: The Cannabis General Order consists of a tiered permit structure based on threat to water quality. Tier 1 Cannabis Cultivators have a disturbed area greater than 2,000 square feet and less than 1 acre (43,560 square feet). Tier 2 Cannabis Cultivators have a disturbed area equal to or greater than 1 acre.

Monitoring Program for the Santa Maria Valley Management Area

California Department of Water Resources (DWR) | April 11th, 2013

The terms and conditions of a Stipulation in the Santa Maria Valley Groundwater Basin Litigation passed down by the Superior Court of the State of California, County of

The terms and conditions of a Stipulation in the Santa Maria Valley Groundwater Basin Litigation passed down by the Superior Court of the State of California, County of Santa Clara, on June 30, 2005, are intended to “impose a physical solution establishing a legal and practical means for ensuring the Basin’s long-term sustainability.” Under the Stipulation, the groundwater, imported and developed water, and storage space of the Basin are to be managed in three management areas, including one for the Santa Maria Valley (SMVMA) (Figure 1). The management area is approximately 175 square miles in size encompassing the Santa Maria and Sisquoc Valleys, extending north to the Nipomo Mesa, east to the cliffs above the Santa Maria River and terraces along the Sisquoc River, south to the Casmalia and Solomon Hills, and west to the coast. According to the Stipulation, a monitoring program is to be established for each of the three management areas to collect and analyze data regarding water supply and demand such that the following objectives are met: 1) assessment of groundwater conditions, both levels and quality; 2) determination of land use, water requirements, and water supply; and 3) accounting of amounts and methods of disposition of water utilized. This monitoring program has been prepared to meet these objectives in the SMVMA. Also in accordance with the Stipulation, it is expected that the monitoring results will be utilized for preparation of annual reports on the SMVMA, including an assessment of whether conditions of severe water shortage are present. The monitoring program for the SMVMA, with minor revisions from October 2008, is described by individual element in the following section. Among other components, the monitoring program includes networks of historically monitored wells, stream gauges, and climatic stations. These monitoring points were selected based on publicly available information about their locations, characteristics, and historical data records with the intent of continuing those records as much as possible. It is recognized that, as implementation of the program proceeds, the inclusion of some network wells may be determined to be impractical or impossible due to problems of access or abandonment. Further, the reestablishment of inactive (or installation of new) wells, stream gauges and climatic stations will depend on interagency coordination, permitting procedures, and budgetary constraints. Thus, it is anticipated that the overall monitoring program will be incrementally implemented as practicalities like those mentioned above dictate. Similarly, it is expected that, with time, the program will undergo modification in response to various factors (e.g. replacing network wells abandoned in the future, revising well classifications by aquifer depth zone), while maintaining the overall goal of facilitating interpretation and reporting on water requirements, water supplies, and the state of groundwater conditions in the SMVMA.

Mono Lake Basin Water Right Decision 1631

California State Water Resources Control Board (SWRCB) | September 28th, 1994

Decision and Order Amending Water Right Licenses to Establish Fishery Protection Flows in Streams Tributary to Mono Lake and to Protect Public Trust Resources at Mono Lak

Decision and Order Amending Water Right Licenses to Establish Fishery Protection Flows in Streams Tributary to Mono Lake and to Protect Public Trust Resources at Mono Lake and in the Mono Lake Basin (Water Right Licenses 10191 and 10192, Applications 8042 and 8043, City of Los Angeles, Licensee)