Water
A Water Rights Database For California’s Future
A proposal to modernize information for management of water resources
In April, a group of us (Richard Roos-Collins, Michael Kiparsky, Nell Green Nylen, Michael Hanemann, and Holly Doremus) wrote a document arguing for the need to develop a more complete and functional source of legal information on California’s water rights. Since then, this proposal has been circulated widely among the California water community. In the spirit of …
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CONTINUE READINGDrought and the Supreme Court
Does the Court’s Decision in the Raisin Case Imperil Water Management?
When I first read Rick’s writeup of the Supreme Court’s decision in USDA v. Horne, concerning the federal government’s Depression-era system of “marketing orders” that required farmers to set aside a percentage of their raisin crop in a government-controlled account, I was worried about water. And that’s not just because I always worry about water. Horne turned on …
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CONTINUE READINGCEQA and the Drought
Republicans are using the drought as an argument for CEQA exemptions
One thing that the deep drought in California has prompted is more discussion of water storage projects like dams. Part of that discussion has been arguments that environmental review pursuant to CEQA should be “streamlined” for water storage projects. A bill to streamline environmental review for two dam projects died in the Assembly this year. …
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CONTINUE READINGHail to the Chief: John Roberts and the WOTUS Rule
Roberts virtually bemoaned the lack of a rulemaking. Now he’s got what he wanted.
The government issued a long-awaited Waters of the United States rule (WOTUS for short). No doubt there will be much gnashing of teeth about the issuance of the rule — a very safe bet since the gnashers of teeth got going long before the rule was actually issued. But one person who should be happy …
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CONTINUE READINGImmanuel Kant and the California Water Crisis
How Should Individuals Decide How Much Water to Use?
Last week’s rain in southern California will hardly make a dent in the state’s devastating drought, and it raises an important question for individual consumers: exactly how should we decide how much water to use? There are obvious things: don’t hose down your driveway, take shorter showers, do full loads in the washer. But there …
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CONTINUE READINGThe Battle to Restore Hetch Hetchy Valley Moves to the Courts
New Lawsuit Claims Dam and Reservoir in Yosemite National Park Violate California Constitution
This week, the longstanding battle over the dam and reservoir that have for a century flooded Yosemite National Park’s storied Hetch Hetchy Valley moves to the courts. A new lawsuit, filed by conservationists on the 177th anniversary of John Muir’s birth, asserts that the City of San Francisco’s continued operation of O’Shaughnessy Dam and Hetch Hetchy Reservoir …
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CONTINUE READINGYogi Berra Explains the Mono Lake Case
Or — Timing Is Everything
As part of the book I am writing on the Mono Lake case, one question stands out: how was the Mono Lake Committee able to assemble the resources to bring a lawsuit against the powerful Los Angeles Department of Water and Power? At one level, the answer is obvious: it found a Sugar Daddy, in …
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CONTINUE READINGLos Angeles Releases First-Ever Urban Sustainability “pLAn”
Envisioning greener energy, cleaner air, and reduced consumption in LA by 2035
Perhaps no metropolis is better positioned than Los Angeles to pioneer ground-breaking environmental initiatives. As the second-largest U.S. city, and with the country’s largest municipally owned utility, a world-class research university–UCLA, and the blessings of abundant sunshine and a temperate Mediterranean climate, Los Angeles could serve as a global model for urban sustainability. Today, the …
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CONTINUE READINGIt’s a Wonderful Law?
A thought experiment about the role of the ESA in California water management
[This post is co-authored by A. Dan Tarlock, Distguished Professor of Law, IIT Chicago-Kent College of Law.] Remember the movie “It’s a Wonderful Life,” which shows up on TV every year at Christmas season? In it George Bailey, played by Jimmy Stewart, gets a great gift from Clarence, an angel-in-training who intervenes as George is …
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CONTINUE READINGMore on the Governor’s war on lawns
The Executive Order misses some golden opportunities for the Golden State to get a handle on agricultural water use
As you no doubt know by now, on April Fools’ Day Governor Brown issued an executive order relying on his emergency powers to impose new statewide restrictions on water use. As has been widely noted in the media (for example by the L.A. Times and Sacramento Bee) and by our own Jonathan Zasloff, Executive Order …
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