drought

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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Climate Rides the Omnibus

An image of the U.S. Capitol Building in the evening.

The year-end law gives a boost to climate-related spending

The omnibus spending bill is by no means a “climate law.”  Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming …

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Desalination: An Essential Part of California’s Water Future

Coastal Commission’s Recent Rejection of Huntington Beach Desalination Project Misguided

Let me begin this commentary with a disclaimer: I was an early and strong proponent of Proposition 20, the successful 1972 California voter initiative measure that enacted the Coastal Act and created the California Coastal Commission (albeit temporarily).  I supported with equal enthusiasm the state Legislature’s 1976 enactment of legislation making both the Coastal Act …

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Facing Up to Reality

More frequent heat waves. Droughts. Wildfires. The West is getting a glimpse of its future climate.

The western U.S. is staring climate change in the face. Most of the West is experiencing “severe” or “exceptional” drought. We could be heading into the worst drought period in centuries. Major dam reservoirs are down to record low levels. The region is also in the grips of a record-breaking heatwave.  We can expect another …

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Hot Spots

Climate change isn’t uniform. Some parts of the U.S. are seeing conditions that won’t hit elsewhere for decades.

Friday’s Washington Post had a fascinating article about climate change hotspots within the United States.  The largest one was on the Western Slope of the Rockies, which has already seen 2 °C of warming.  The story is a reminder that the impacts of climate change will be global and yet also very much local. Before …

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders

California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against …

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Bless the Rains Down in Los Angeles

As a wet winter approaches, Los Angeles County focuses on initiatives to capture rainwater and reduce ocean runoff

(Note: I previously wrote a law review article published in 2016 in the Villanova Environmental Law Journal, accessible here, about related policy suggestions for improving rainwater capture in reference to the Sustainable Groundwater Management Act.) If you live in California, or have been in the state over the last couple weeks, you’ll know that we …

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The World’s Looming Water Crisis

Climate Change Worsens Chronic Water Shortages for One-Quarter of Earth’s Population

The World Resources Institute recently released a disturbing report chronicling increased, dire water shortages around the globe that threaten millions of the earth’s inhabitants.  Climate change is a major contributing factor.  Public health crises, social unrest and global political conflicts are the inevitable consequences if the problem is not addressed successfully–and soon. “17 Countries, Home …

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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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