California Water Views

On October 23, 2024, the US Environmental Protection Agency (EPA) announced $276 million in available funding for California water infrastructure projects. When combined with the $269 million it announced on October 8, 2024, that raises the total to $545 million announced this month.

The funding comes through President Biden’s Bipartisan Infrastructure Law, which provides for $50 billion in investments in water infrastructure throughout the country. The October 23 announcement is part of a total of $3.6 billion in available funding, which is designated to particular states ...

The 2024 legislative session ended on August 31, 2024, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not signed by September 30 will be vetoed through a ‘pocket veto.’

This session was a busy one for bills affecting the water sector with at least nine bills passed impacting water and sewer systems in California. The bills cover a wide range of topics, including fines for violating State Water Resources Control Board (State Water Board) orders, Proposition 26 and 218 requirements for water-related fees, Sustainable Groundwater Management Act (SGMA) requirements, and the California Water Plan. … 

On September 6, 2024, EPA announced $7.5 billion in available loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA). From that total, $6.5 billion is available through WIFIA loans and $1 billion is available through the State Water Infrastructure Financing Authority (SWIFIA). … 

On April 4, 2024, Governor Newsom and the U.S. Bureau of Reclamation (Bureau) announced that the Bureau awarded California $15 million for the Delta-Mendota Canal floating solar project. The project, which is funded through President Biden’s Inflation Reduction Act, marks a key step forward for ‘floating solar,’ a technology that is billed as a win-win for the energy and water sectors. … 

On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a Water Resilient Future.” Resiliency is one of the key focuses for the CWP 2023 Update, as its chapter on objectives is entitled the “Roadmap to Resilience.” The plan is focused on the vision that “All Californians benefit from water resources that are sustainable, resilient to climate change, and managed to achieve shared values and connections to ...

On January 10, 2024, Governor Newsom announced his 2024-2025 State budget proposal for $291 billion with a $37.9 billion proposed deficit. For water projects, the proposal is remarkably similar to his proposal from last year. The main differences as compared to last year’s proposal are bigger cuts (to many of the same areas cut last year) and less funding for new projects.

Governor Newsom seeks to address the $37.9 billion budget shortfall (which is substantially lower than the Legislative Analyst Office’s $68 billion projection from last month) through a variety of ...

After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023. The certification of the final EIR is a significant step forward for the Delta Conveyance Project, a key project for the Newsom administration. It also provides the basis for legal challenges, which are all-but inevitable.

The Delta Conveyance Project is the latest in a long line of proposed conveyance projects designed to bring water from northern California to southern California. Different iterations of ...

If there is one truism in California water, it is that there is not enough of it. In part to try to help address that issue, on December 19, 2023, the California State Water Resources Control Board (State Water Board) adopted the state’s first direct potable reuse (DPR) regulations. As detailed in the State Water Board’s press release, the new regulations represent the “most advanced standards in the nation,” provide a “climate-resilient water source,” and “add millions of gallons of additional drinking water.” However, is the picture quite that rosy? … 

Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly manufactured various PFAS chemicals. The currently-pending settlements cover $1.185 billion for DuPont and $10.5-$12.5 billion for 3M.

The litigation is focused on alleged contamination of drinking water caused by DuPont’s and 3M’s alleged manufacture of PFAS chemicals. PFAS are a family of manmade chemicals that are used due to beneficial ...

Despite efforts to stem increasing cyber threats to water systems around the nation, on October 13, 2023, the United States Environmental Protection Agency (EPA) withdrew cybersecurity mandates put in place by the Biden administration after the 8th U.S. Circuit Court of Appeals July decision to place the mandates on hold while court actions continued.

In an attempt to harden clean water and wastewater treatment facilities from cyberattacks, the administration issued an interpretive memorandum in March 2023, that mandated adding cybersecurity assessments as a regular part of ...

In recognition of California’s seventh annual Water Professionals Appreciation Week, we would like to take a moment to highlight the essential role of water professionals and local public water agencies in providing water and wastewater services to our communities. Not just this week, but throughout the year, we appreciate the dedication of the highly trained operators, technicians and other specialists who have continued to make sure our communities have safe and reliable water, wastewater and recycled water services amidst a drought and pandemic. … 

On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes. This annual update is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This is the seventh annual adjustment under that act.

The update is designed to reflect inflation in order to maintain the deterrent effect of statutes providing civil monetary penalties, and is based on a formula that factors in the consumer price ...

On September 7, 2022, California became the first government in the world to require microplastics testing for drinking water, an emerging contaminant that is found throughout the environment. The State Water Resources Control Board (State Water Board) approved a policy handbook that details how it will implement a four-year plan, including testing logistics as well as how it will select the public agencies that will be required to test.

Microplastics represent an emerging contaminant of concern for which there are still a number of unanswered questions. As the policy handbook ...

A key priority of the Newsom administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft EIR) for the Delta Conveyance Project.

The Delta Conveyance Project is DWR’s and Governor Newsom’s plan to build an underground tunnel to bring water from the Sacramento-San Joaquin Delta to the State Water Project pumps near Tracy in order to reduce the risk from earthquakes and climate change to the State’s water supplies. It is intended to protect ...

On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite result. The case is a rare example of a court reversing itself, and has important implications for water suppliers in California and nationwide.

In California River Watch, the plaintiff sought to impose RCRA liability on a water supplier based on the presence of hexavalent chromium in the water it supplied to customers, despite the fact that the water complied with the ...

On May 24, 2022, the California State Water Resources Control Board announced emergency drought restrictions resulting from Governor Newsom’s Executive Order N-7-22. The regulations are the latest in a series of attempts by the state to deal with the ongoing severe drought. The regulations cover two areas: a ban on irrigating non-functional turf and a requirement that urban water suppliers implement the Level 2 demand reduction actions in their water shortage contingency plan. …

At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from the State Water Project. The reduction, which the Met took as a result of the severity of the state’s current drought, will apply to six million Californians covering Los Angeles, Ventura and San Bernardino counties. The impacted retail water suppliers are Los Angeles Department of Water and Power, Three Valleys Municipal Water District, Upper San Gabriel ...

On November 18, 2021, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters of the United States (WOTUS). This much anticipated rulemaking is the latest attempt by the agencies to provide regulatory clarity on what water features are subject to the protections of the Clean Water Act.

The agencies did not announce a date for official Federal Register publication, but once published, the Proposed Rule will have a 60-day comment period ...

During this 4^th annual Water Professionals Appreciation Week, Nossaman would like to acknowledge all of California’s essential water sector professionals. Not just this week, but every week of the year, they work on the front lines to provide this essential resource to all of our communities and serve as stewards for the environment.

Water Professionals Appreciation Week was created in 2017 to highlight the important role of water industry professionals and local public water agencies in ensuring safe and reliable tap water, wastewater and recycled water for California. Now ...

We recently authored the article, “Power Shutoffs: What California Water Providers Should Know” (subscription required) for the Daily Journal, California’s leading daily legal news source.

The article examines how water systems—which rely heavily on electricity to pump, treat and deliver safe drinking water to customers—have been impacted as catastrophic wildfires in California have led to an increased use of public safety power shutoff (PSPS) as a means for electric utilities to mitigate the risk ...

Please join our Water Industry Team on April 16, 2020 for “Keeping Current on COVID-19 Challenges for the Water Industry,” a special presentation as part of our 2020 Water Webinar Series. 

There is no question that the COVID-19 pandemic has significantly disrupted business operations in virtually every business sector, and the water industry is no exception. We are mindful of how strenuous it is for our clients to navigate these turbulent times as they continue to provide critical services to our communities and adapt quickly to new emergency orders ...

In response to the outbreak of COVID-19, we are closely monitoring guidance issued by local, state and federal authorities, as well as information distributed by the Centers for Disease Control and Prevention and the World Health Organization. We are dedicated to helping clients address business disruptions, anticipate potential challenges and mitigate risk associated with irregular operations. We are available to assist in a number of core areas that may impact public agencies and businesses in this rapidly changing environment. Please visit our COVID-19 Response Team page to read our ongoing coverage of these issues as they evolve ...

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 ...

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 ...