California Water Views

Recently, Lyn Clancy, Managing Associate General Counsel and Senior Policy Advisor for the Lower Colorado River Authority, and I presented on the topic of Endangered Species and Water Supply at the State Bar of Texas’ Changing Face of Water Law Conference in San Antonio. Issues of water supply and delivery continue to be a hot topic nationwide, including in Texas, and supply and delivery projects often intersect with the need to address species of plants and wildlife listed under the federal Endangered Species Act (ESA).

The presentation included several primary takeaways ...

World Water Day is an annual United Nations international observance day that highlights the importance of freshwater.  The U.N. chooses a theme for the day each year, and for 2020 the theme is “Water and Climate Change." The goal of World Water Day is to inspire people around the world to learn more about water-related issues and to take action to make a difference. In 2020, in response to the COVID-19 pandemic, there was an additional focus on hand washing and hygiene.  World Water Day is celebrated around the world through political, artistic, and educational events, as well as ...

On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part), which allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Bagley-Keene Act or the Brown Act.

The new Order states ...

Nossaman Partners John Erskine and Ben Rubin recently presented at the International Right of Way Association (IRWA) Chapter 1’s 28th Annual Valuation Seminar in Montebello, CA, where they provided a presentation entitled “Rising Sea Levels - Financial Liability Issues to Cities & Legal Issues.” Sea level rise is a critical issue facing public agencies and property owners throughout the U.S. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment plants and power plants, 250 miles of highway, 1,500 miles ...

Today, in light of public health concerns due to COVID-19, Governor Newsom issued an Executive Order suspending certain Brown Act rules.  Among other items, the Order allows local and state legislative bodies to hold public meetings via teleconference and to make meetings accessible electronically. 

The Order provides:  “All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in a quorum for a public meeting are hereby ...

Yesterday, the Environmental Protection Agency (EPA) released guidance on the coronavirus and the U.S. drinking and wastewater systems.  According to the EPA, “Based on current evidence, the risk to water supplies is low. Americans can continue to use and drink water from their tap as usual.”  The EPA also continues coordinating with federal partners ...

Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal Roles and Relations." Paul's panel, organized by Stanford University, was entitled "Promises and Challenges of Western Dam Removals: Lessons from the Lower Klamath Project.” The proposed Lower Klamath Project involves the planned removal of four dams on the Klamath River. The panelists explored the federal, state, local, tribal, industry and civil ...

The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California challenging the biological opinions and associated environmental impact statement (EIS) for operation of the Central Valley Project and State Water Project (collectively, the “Projects”).  The Projects provide water to more than 25 million water users in northern, central, and southern California, and are one of the primary sources of water for wholesale water ...

Nossaman Partner Lori Anne Dolqueist and Associate Willis Hon recently presented Nossaman’s Q1 Water Webinar to kick off our 2020 series.  The complimentary 60-minute webinar covered the latest developments in California regarding electrical service and wildfire risk as they are relevant for water providers. Lori and Willis discussed recent Public Safety Power Shutoff (PSPS) events impacting water providers throughout the State, as well as coordination with electrical service providers, permitting requirements for backup generation, and public communications to ...

On February 6, 2020, the California State Water Resources Control Board lowered the response levels (RLs) for perflourooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two of the most common compounds in the family of chemicals known as per- and poly-fluoroalkyl substances (PFAS). The new RLs are set at 10 parts per trillion (ppt) for PFOA and 40 ppt for PFOS, down from the previous RL of 70 ppt for the combined concentration of the two compounds.

This Board action follows the new regulatory requirements in California for PFAS that became effective on January 1, 2020 ...