San Timoteo Watershed Management Authority, vs. City of Banning, et al.

Superior Court of California, County of Riverside | February 4th, 2004

Science be Dammed: How Ignoring Inconvenient Science Drained the Colorado River

University of Arizona Press | November 26th, 2019

Science Be Dammed is an alarming reminder of the high stakes in the management—and perils in the mismanagement—of water in the western United States.  It seems decep

Science Be Dammed is an alarming reminder of the high stakes in the management—and perils in the mismanagement—of water in the western United States.  It seems deceptively simple: even when clear evidence was available that the Colorado River could not sustain ambitious dreaming and planning by decision-makers throughout the twentieth century, river planners and political operatives irresponsibly made the least sustainable and most dangerous long-term decisions. Arguing that the science of the early twentieth century can shed new light on the mistakes at the heart of the over-allocation of the Colorado River, authors Eric Kuhn and John Fleck delve into rarely reported early studies, showing that scientists warned as early as the 1920s that there was not enough water for the farms and cities boosters wanted to build. Contrary to a common myth that the authors of the Colorado River Compact did the best they could with limited information, Kuhn and Fleck show that development boosters selectively chose the information needed to support their dreams, ignoring inconvenient science that suggested a more cautious approach. Today water managers are struggling to come to terms with the mistakes of the past. Focused on both science and policy, Kuhn and Fleck unravel the tangled web that has constructed the current crisis. With key decisions being made now, including negotiations for rules governing how the Colorado River water will be used after 2026, Science Be Dammed offers a clear-eyed path forward by looking back. Understanding how mistakes were made is crucial to understanding our contemporary problems. Science Be Dammed offers important lessons in the age of climate change about the necessity of seeking out the best science to support the decisions we make.

Scott River Ajudication Decree

California State Water Resources Control Board (SWRCB) | January 30th, 1980

The water rights set forth in this decree consist of (1) all surface water rights in the Scott River stream system, as defined in paragraph 2, excluding springs or standi

The water rights set forth in this decree consist of (1) all surface water rights in the Scott River stream system, as defined in paragraph 2, excluding springs or standing pools not specifically included in this decree which do not contribute to a flowing stream or have no natural outlet, and excluding water which naturally sustains mountain meadows and other native vegetation without artificial diversion from a flowing stream; (2) all rights to supporting underflow and (3) all rights to ground water that i s interconnected with tlie Scott River as delineated on the State Water Resources Control Board map, hereinafter referred to as the SWRCB map, and as defined in Paragraph 4.

Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees

Congressional Research Service (CRS) | ?

More than two centuries of federal water resource activity have resulted in a complex web of federal involvement in water resource development, management, protection, an

More than two centuries of federal water resource activity have resulted in a complex web of federal involvement in water resource development, management, protection, and use. As a result, Congress faces challenges related to overlap and gaps in federal water resource activities and in coordination and consistency among federal programs. Further, many federal authorities are discretionary or funded by discretionary appropriations. Consequently, there can be a significant difference between what federal agencies are authorized to do and what they are actually doing, and no one committee in Congress oversees this dichotomy. Although the responsibility for development, management, protection, and allocation of the nation’s water resources is spread among federal, state, local, tribal, and private interests, this report focuses on federal activities related to water and the congressional committees that authorize and oversee these activities. The report covers multiple topics and individual water-related subtopics ranging from water supply and water quality infrastructure to fisheries management and water rights. The report is not exhaustive; instead, the authors have attempted to cover the major federal activities authorized by Congress that affect water resource development, management, protection, and use in the United States. Similarly, the analysis does not cover every aspect of House and Senate committee jurisdiction affecting water issues. For definitive evaluation of committee jurisdictions related to water, the views of the House and Senate Parliamentarian Offices are official. The report covers four general areas, or themes: (1) “Water Resources Development, Management, and Use”; (2) “Water Quality, Protection, and Restoration”; (3) “Water Rights and Allocation”; and (4) “Research and Planning.” The sections addressing these themes are further divided into tables that list topic areas and individual water-related subtopics. For each subtopic, CRS has identified selected federal agencies and activities related to the subtopic, authorities for such activities, and relevant House and Senate committee jurisdictions, as specified in House and Senate rules. Appendixes address considerations in determining House and Senate committee jurisdictions and present the official language from House Rule X and Senate Rule XXV, respectively, which are indicators of congressional jurisdiction over water resources. The report also includes a glossary of abbreviations for federal agencies and House and Senate committees. The nine tables that make up the body of this report underscore the complexity of federal activities affecting water resource development, management, protection, and use in the United States. As apparent throughout these tables, numerous standing committees in the House and the Senate have jurisdiction over various components of federal water policy. The wide range of federal executive responsibilities for water resources reflects comparably complex congressional legislative responsibilities and directives.

Senate Bill No. 389, Chapter 486, An act to amend Section 1051 of the Water Code, relating to water

State of California Office of Legislative Counsel | October 8th, 2023

Click here for analysis by Legal Planet.

Click here for analysis by Legal Planet.

Show Me the Water Plan: Urban Water Management Plans and California’s Water Supply Adequacy Laws

Golden Gate University (GSU) | October 11th, 2010

In 2001, California adopted two landmark pieces of legislation – Senate Bills (SB) 221 and 610 – that require local land use authorities to demonstrate long-t

In 2001, California adopted two landmark pieces of legislation – Senate Bills (SB) 221 and 610 – that require local land use authorities to demonstrate long-term water supply availability before approving new, large development projects. The details of these bills, which quickly became known as the “show me the water” laws, are distinct: SB 610 requires a “water supply assessment” at the relatively early stage of environmental review and covers residential, commercial, and industrial projects (a “project” is typically a development of more than 500 residential units, or a similarly large commercial or industrial development), while SB 221 requires a final check on water availability (a “written verification”) for residential projects of this same size threshold at the later stage of subdivision map approval. Despite these differences, the intent behind both laws is similar: they aim to forge an often missing link in California’s local planning process. Under these laws, cities and counties generally cannot make the determination of adequate water supplies on their own, but must instead obtain this documentation from the local water utility that would be serving the project. SB 221 and 610 are part of a broader state effort to impose water supply planning safeguards on a highly decentralized planning system. The proximate targets were the state’s fifty-eight counties and more than 475 incorporated municipalities that have local land use authority – forcing them to coordinate with the local water utilities to ascertain whether adequate supplies are available to support new development.4However, California’s urban water supply is also highly decentralized, with hundreds of utilities serving these diverse communities. The effectiveness of SB 221 and 610 depends on the quality of the planning efforts of these utilities. State efforts to impose some planning norms on water utilities began with the passage of the Urban Water Management Planning Act in 1983. The Act required all large urban utilities (defined as those serving at least 3,000 retail connections or supplying at least 3,000 acre-feet of water per year) to develop long-term plans for water supply and demand in their service areas, to be updated at least every five years, in years ending in zeros and fives. The list of required elements in these Urban Water Management Plans (UWMPs) has been updated numerous times, reinforcing the core purpose: to provide an assessment of the extent to which current and future water supply sources will be adequate to meet water demand at an appropriate level of reliability in normal years as well as during single or multi-year droughts. By and large, SB 221 and 610 were crafted to be in sync with the law governing utility planning. Water supply adequacy to support new development needs to be demonstrated over a twenty-year horizon, the minimum planning horizon for a UWMP.8 A utility’s UWMP can be used to demonstrate water availability under both SB 221 and 610, as long as the plan accounts for the increased water demand associated with the proposed development project. In keeping with California’s strong “home rule” tradition, these planning laws rely largely on citizen enforcement rather than direct regulatory oversight by the state. Thus, the laws provide the opportunity for citizens to challenge the responsible local agencies in civil suits.10Courts can invalidate the planning documents (UWMPs, water supply assessments, or written verifications), thereby holding up development approvals. SB 610 also introduced financial incentives to water utilities to submit UWMPs. Since 2002, only agencies with “complete” plans are eligible for state financial support for local projects. This change gave the California Department of Water Resources (DWR) the mandate to assess the plans for completeness but not for quality. In sharp contrast to climate change policy, where the California Attorney General has pressured local governments to bring their plans into compliance with state laws aimed at limiting greenhouse-gas emissions, the state has not actively sought to enforce the water supply adequacy laws though the judicial process. This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s.13 It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. A concluding section highlights shortcomings in the current system and suggests steps that could improve California’s planning process.

Small Populations in Jeopardy: A Delta Smelt Case Study

Social Science Research Network (SSRN) | February 21st, 2021

Under §7 of the federal Endangered Species Act, federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continue

Under §7 of the federal Endangered Species Act, federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species.” For species with low and declining populations, applying this standard is legally and scientifically difficult. The U.S. Fish and Wildlife Service (FWS) faced this problem in its recent biological opinion (BiOp) analyzing impacts to threatened Delta smelt from water project operations in the California Delta. FWS concluded the “species’ recent abundance trends strongly suggest it is in the midst of demographic collapse,” and most recent surveys to locate smelt have failed to find them. Nevertheless, FWS approved agency actions that will likely increase extinction risk for Delta smelt. This Comment illustrates, through a case study of the Delta smelt BiOp, the difficulties in making ESA jeopardy determinations for species on the brink of extinction. We conclude that the myriad challenges inherent in conservation of some small and declining populations make reasoned §7 analysis difficult, bordering on impossible.

Statement of Findings regarding the Determination of Inadequate Status of the San Joaquin Valley – Delta-Mendota Subbasin Groundwater Sustainability Plan

California Department of Water Resources (DWR) | March 2nd, 2023

Statutory Water Rights Law And Related California Code Sections (As amended, including Statutes 2016)

California State Water Resources Control Board (SWRCB) | March 30th, 2017

The State Water Resources Control Board publishes this collection of California statutes pertaining to the law of water rights as part of its public information program.

The State Water Resources Control Board publishes this collection of California statutes pertaining to the law of water rights as part of its public information program. This booklet contains sections from the California Constitution, the California Water Code, and other related codes which affect water rights decisions. This booklet is provided as a public service. It contains only excerpts of the Water Code. While every effort is made to assure accuracy, persons should consult the official version of the California Code when making legal decisions. The California Legislative Counsel maintains the official code, which is accessible on the Internet at: http://leginfo.legislature.ca.gov/faces/codes.xhtml. In addition to the statutes contained in this booklet, decisions of the State Water Resources Control Board are guided by case law. A listing of major recent decisions is included. In general, the statutes contained in this booklet govern the acquisition and exercise of rights to reasonable and beneficial use of surface waters (and of groundwater flowing in known and definite channels) by priority of appropriation initiated on or after December 19, 1914. That is the effective date of the Water Commission Act, which is the origin of many of the water right provisions of today’s Water Code.

Stipulated Agreement: Department of Water and Power of the City of Los Angeles vs. Board of Supervisors of the County of Inyo et al

Superior Court of California, County of Inyo | October 21st, 1991