Water
Governance infrastructure for water resilience
CLEE comments on Governor Newsom’s water portfolio executive order
Governor Gavin Newsom has directed state agencies to prepare a water resilience portfolio. Executive Order N-10-19 describes a set of broad principles to inform the development of the portfolio, as well as extensive outreach that should accompany the process, which is being conducted on an aggressive timeline. The EO states, correctly, that California needs a …
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CONTINUE READINGWeaponizing Water in Kashmir
India’s legal moves on water put Pakistan on edge
A month after India’s move to exert more direct control over Jammu & Kashmir, the Indian state that occupies part of the larger Kashmir region, the country is also now in a position to exert control – in both illegal and legal ways – over important river waters that Pakistan relies upon to sustain people …
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CONTINUE READINGThe 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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CONTINUE READINGThe Trump Administration’s Latest Efforts to Hobble the Clean Water Act
Administration’s New Plan to Eviscerate States’ CWA § 401 Certification Authority Is Flawed Procedurally & Substantively
By now, readers of Legal Planet are well aware of President Trump’s ongoing efforts to rescind the Obama Administration’s “Waters of the United States” rule and replace it with a new federal regulation that dramatically circumscribes federal regulatory authority under the Clean Water Act. My Legal Planet colleagues and I have previously blogged on this …
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CONTINUE READINGThe Surprising Mr. DeSantis
Florida’s GOP Governor proves unexpectedly pro-environmental.
There was little reason to expect much from Governor DeSantis. The GOP candidate for Governor was expected to be Adam Putnam, the Agriculture Commissioner. Instead, due to Trump’s personal intervention, Ron DeSantis snagged the nomination. DeSantis pledged to “reduce bureaucracy, eliminate unreasonable regulations and crack down on lawsuit abuse.” He called himself the #1 conservative …
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CONTINUE READINGMaking 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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CONTINUE READINGDeveloping 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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CONTINUE READINGGroundwater Recharge in the SGMA Era
California clarifies beneficial use guidelines for recharge projects addressing SGMA undesirable results
Implementation of the Sustainable Groundwater Management Act (SGMA) was always going to be tricky. Part of the necessary growing pains of SGMA is determining how the revolutionary statute interacts with traditional tenets of water law. As with any other sweeping legislative change, SGMA does not provide direct answers for every practical question which arises as …
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CONTINUE READINGCalifornia groundwater management, science-policy interfaces, and the legacies of artificial legal distinctions
By Dave Owen and Michael Kiparsky
One of the many noteworthy features of California’s Sustainable Groundwater Management Act (SGMA) is that it requires local government agencies to consider and address the effects of groundwater management upon interconnected surface water. That requirement is an important step towards rationalizing California water management, which has long treated groundwater and surface water as separate resources. …
CONTINUE READINGTrump 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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