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 … Continue reading “Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States”
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. … Continue reading “Memo: Effect of SWANCC vs. United States on the 401 certification program”
This memorandum describes the methodology used to account for the impact of potential future sea level rise on the Delta Levees Investment Strategy (DLIS) metrics and how those impacts are incorporated into the DLIS planning tool. A description of the approach used to account for the spatial variation of tide effects in the Delta and … Continue reading “Delta Levees Investment Strategy: Sea Level Rise Methodology”
The physical and ecological environment of the upper San Francisco Estuary has been profoundly altered since the early 1800s. Recent efforts have utilized maps of the upper estuary’s historical habitat types to infer associated changes in desired ecosystem processes and functions. The work presented in this memo builds on these previous efforts, but utilizes a … Continue reading “Ecological implications of modeled hydrodynamic changes in the upper San Francisco Estuary”
Integrated Regional Water Management (IRWM) has become a water management standard throughout most of California following passage of the 2002 IRWM Planning Act (SB 1672). The dedicated efforts of regional water management groups and the support of state bond funds have resulted in 48 IRWM regions identifying and implementing integrated regional water management solutions to … Continue reading “Strategic Plan for the Future of Integrated Regional Water Management in California: Review of IRWM Planning and Implementation in California”
This handbook provides advisory guidance to Federal, state, and local agencies and others regarding projects that are subject to both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Once President Nixon signed NEPA on January 1, 1970, and California Governor Reagan followed suit signing CEQA into law on September 18 … Continue reading “NEPA and CEQA: Integrating Federal and State Environmental Reviews”
This Background / Reference Memorandum (BRM) presents highlights from flood-related technical, legislative and funding information regarding the Sacramento-San Joaquin Delta (Delta), with emphasis on activities by the California Department of Water Resources (DWR). The BRM is intended to provide historical and existing conditions (year 2011) context for DWR’s use in conveying strategies for future investments … Continue reading “Delta Region Integrated Flood Management: Key Considerations and Statewide Implications”