California Water Views

On March 12, 2024, the State Water Resources Control Board (State Water Board) announced updates to the “Make Conservation a California Way of Life” framework that is based on SB 606 and AB 1668 from 2018. The changes seek to identify issues identified by commenters on the framework as well as the Legislative Analysts’ Office (LAO), but it is unclear whether they will be enough to satiate critics. Deadlines are fast approaching, as the State Water Board plans to hold a public workshop on the proposed updates on March 20, 2024 and comments on the regulation are due on March 27, 2024. … 

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 ...

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? … 

On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (SB 389), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (Water Board). The bill was introduced by Senator Ben Allen of Santa Monica.

While the bill imbues the Water Board with additional investigatory authority to ascertain whether or not a water right is valid, it does not alter the statutory scheme for enforcement should the Water Board determine as part of an investigation that a particular diversion or use of water was not supported by a ...

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 ...

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. …

Recently, I authored a post for DeltaCurrents, the Center for California Water Resources Policy and Management's blog. The focus of the piece is on the ways in which science can play a role in the success of the so-called Voluntary Agreements (VAs). The VAs are an alternative to an adjudicatory water-rights proceeding as a means for the State Water Resources Control Board to implement updated water quality objectives for California’s Bay-Delta and its tributary rivers.

A number of federal, state, and local agencies took a significant first step toward negotiation of VAs by ...

The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action, California released its report on 2021 groundwater conditions, evaluated current snowpack conditions and Governor Newsom issued an executive order directing action affecting 2022 water usage.

2021 Groundwater Conditions Report

On April 4, 2022, the California Department of Water Resources (“DWR”) issued its Groundwater Conditions Report for Water Year 2021 ...

Today, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. The release of the draft PHGs is a long-awaited and significant step in the regulation of such per- and polyfluoroalkyl substances (PFAS) in California.

The draft PHGs identified by OEHHA are 0.007 parts per trillion (ppt) for PFOA to address concerns based on ...

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and improve system reliability and compliance with drinking water standards.

To gain insight into the evolving landscape as these changes are being implemented, please join us on March 23, 2021 from 11:00 a.m. – 12:15 p.m. PT for a complimentary webinar, “Taking the Plunge: Lessons Learned from Water System Consolidations.” Also joining our Nossaman ...