California State Water Resources Control Board

To Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment

Aerial view of a reservoir showing low water levels.

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …

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Are Front Lawns Unconstitutional?

In California, They Are

Textually, this is not difficult. Article X Section 2 of the California Constitution reads: The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use …

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When does a groundwater recharge project NOT need a water right?

Shows rainwater dripping off the edge of a roof

by Kate Fritz and Nell Green Nylen

Groundwater recharge projects already play an important role in California. That role is about to expand rapidly, as local groundwater managers begin to take more concrete actions to meet their responsibilities under California’s landmark Sustainable Groundwater Management Act (SGMA). As we mentioned in our last post, an important part of developing a successful recharge project …

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Water right permitting options for groundwater recharge: Avoiding unintended consequences

by Kate Fritz and Nell Green Nylen

Efforts to boost groundwater recharge are critical to making California’s limited, and increasingly volatile, water resources go further. Recharge is playing a growing role in maintaining groundwater as an effective drought reserve and in slowing or reversing the effects of years of unsustainable groundwater pumping. But implementing recharge projects is not easy. Water managers face …

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Making Key Policy Decisions in Advance of Droughts

Part 6 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

It’s hard to respond effectively to a crisis when you don’t have clearly defined priorities.  This is true for sudden-onset crises, like floods and wildfires, and also for slow-onset crises, like droughts. My recent posts have explored why the State Water Resources Control Board (Board) should develop a contingency-based framework to support its drought decisions …

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Developing a Decision-Support Framework for Curtailment

Part 5 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

During a drought, California’s limited water supplies should be allocated transparently, efficiently, and predictably in accordance with the priorities that flow from state and federal law.  But what does this mean in practice? What happens when there is not enough surface water to go around in a watershed?  California water rights law says that certain …

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Trump Administration’s Cold Water War With California Turns Hot

Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo

When it comes to California water policy, the federal-state relationship has always been both strained and challenging.  That intergovernmental tension harkens back at least to the Reclamation Act of 1902.  In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state …

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A Contingency-Based Framework to Support Drought Decision Making

Part 4 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

In my last post, I outlined actions the State Water Resources Control Board (Board) can take to improve its future drought response capabilities. Our core recommendation is for the Board to bring greater predictability, timeliness, and effectiveness to water rights administration and oversight during droughts by proactively developing a contingency-based framework to support its drought …

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Actions to Improve California Water Rights Administration and Oversight for Future Droughts

Part 3 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

In California, the next drought is always looming on the horizon.  While we don’t get advance warning of when a drought will occur, how long it will last, or how severe it will be, we do have advance knowledge that drought planning and preparation are important.  First, we know water management during droughts can have …

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Water Rights Administration and Oversight During Past California Droughts

Part 2 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

In the first post in this series, I talked about why it’s important for the state of California to spend time preparing for future droughts even in wet years like this one.  This post examines some of the lessons from past droughts that can inform these preparations. Past droughts have stress-tested California’s water management institutions, …

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