Water Law
Downey Brand water law attorneys perform at the cutting edge of water law issues in all aspects of water supply development and management as general or special counsel to a broad spectrum of clients. These include cities, counties, special districts, farmers, ranchers, mutual water companies, real estate developers, financial institutions, ski resorts, and mining companies.
Since the firm’s earliest work for water users and suppliers in the Sacramento and San Joaquin Valleys established its historic Central Valley presence, clients statewide now count on our water law expertise – on the Central Coast, the Inland Empire and Southern California regions, the eastern slope of the Sierra Nevada, and the entire north state. Downey Brand water law attorneys provide strategic and substantive expertise in water rights, water supply, water transfers, water quality, groundwater, federal reclamation law, all aspects of public agency law, and overall in meeting the relentless challenges of ever-increasing demand in a constantly evolving legal and political framework.
Our water law attorneys guide clients daily in the means to acquire, perfect, and defend water rights, regularly preparing and prosecuting applications for rights to appropriate water before the California State Water Resources Control Board. Downey Brand attorneys analyze and evaluate water rights in connection with property acquisitions, including real estate developments, as well as agricultural, energy and mining ventures, whether the need is to address pre-1914 rights, riparian rights, groundwater and underflow rights, or general appropriative rights.
With water supply demands burgeoning throughout the western states, water transfers have emerged as an essential means of meeting new demands. Our water law attorneys expertly structure and document water marketing transactions, and guide them through both state and federal regulatory approval processes. Downey Brand has also been involved in all water transfer legislation addressed by the California Legislature, uniquely situating our lawyers to master this complex area and to occupy their influential place among California’s water policymakers.
The increasing importance of groundwater as a source of water supply for California has driven dynamic growth in the firm’s groundwater practice. Downey Brand water law attorneys evaluate groundwater rights, act as special counsel to public agencies developing groundwater sustainability plans pursuant to the Sustainable Groundwater Management Act and form groundwater sustainability agencies, including the development of special agencies established by the California Legislature.
A significant number of the firm’s water law clients also hold water supply, repayment, water rights settlement, or operations and maintenance contracts with the United States Bureau of Reclamation. Our water law attorneys are well-versed in all aspects of federal reclamation law, how this specialized area of the law interrelates with relevant state law, and counsels both public agencies and private parties on compliance with reclamation law.
Several of our water law attorneys devote substantial parts of their practices to general counsel services for public agencies that provide water, wastewater, flood control, and other services. This work includes advice on the Brown Act, Public Records Act, elections, conflicts of interest, state-mandated costs, employee relations, condemnation procedures, and construction, as well as state and federal legislative matters.
Selected Experience
- Representing two regional water agencies in Southern California in obtaining water rights to storm water sufficient to supply a city of more than 100,000 inhabitants.
- Successfully defending a proposed permit revocation by the State Water Resources Control Board.
- Regularly serving as counsel for water districts and water companies selling water from the Sacramento Valley to areas south of the Delta
Trade Groups
- American Bar Association Section of Environment, Energy, and Resources
- Association of California Water Agencies (ACWA)
- Association of Women in Water, Energy & Environment (AWWEE)
- California Association of Sanitation Agencies (CASA)
- California Construction and Industrial Materials Association (CalCIMA)
- California Stormwater Quality Association (CASQA)
- Groundwater Resources Association (GRA)
- Northern California Water Association (NCWA)
- Water Education Foundation
- Representing two regional water agencies in Southern California in obtaining water rights to storm water sufficient to supply a city of more than 100,000 inhabitants.
- Successfully defending a proposed permit revocation by the State Water Resources Control Board.
- Regularly serving as counsel for water districts and water companies selling water from the Sacramento Valley to areas south of the Delta.
- Advising a Southern California water district in relation to overdraft conditions without commencing a groundwater adjudication.
- Representing a group of more than 20 farmers in a stream adjudication of more than 2,000 parties involving riparian, appropriative, and groundwater issues.
- Representing a vineyard in Sonoma County in connection with its application for rights to water in streams flowing through the property.
- Negotiating a purchase by a Bay Area municipal water supplier of a State Water Project entitlement from an agricultural water district in the San Joaquin Valley.
- Negotiating an agreement between San Joaquin Valley cities and an irrigation district to finance and construct a water treatment facility which will supply municipal and industrial users with water previously used for agricultural purposes.
- Negotiating a water transfer from a Sacramento Valley mutual water company to a California State Water Project customer, the largest ever of its kind in.
- Representing a groundwater management district in litigation to protect the rights of the overlying landowners from prescriptive claims by multiple cities.
- Advising public agencies on the design, financing, permitting and construction of major fish screening projects on the Sacramento River.
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member
Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
Rebecca R. A. Smith
Partner
Sacramento 916.520.5281
Announcements
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November 7, 2024Downey Brand Ranked Nationally and Regionally in 2025 Best Law Firms®
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June 24, 2024Ernest Conant, the Former Regional Director of the U.S. Bureau of Reclamation Joins Downey Brand
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April 1, 2024Kevin O’Brien Receives The 2024 Innovative Water Management Award
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November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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November 5, 2022Downey Brand Ranked Nationally and Regionally in 2023 “Best Law Firms” by U.S. News – Best Lawyers®
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February 4, 2022Austin Cho Selected to Water Leaders Class of 2022
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November 5, 2021Downey Brand Ranked Nationally and Regionally in 2022 “Best Law Firms” by U.S. News – Best Lawyers®
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October 29, 2021Rebecca Smith Named 40 Under 40 by Sacramento Business Journal
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August 20, 2021Downey Brand Partner Christian Marsh Named Best Lawyers® 2022 “Lawyer of the Year” for Natural Resources Law in San Francisco
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February 12, 2021Dave Cameron Selected to Water Leaders Class of 2021
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November 9, 2020Downey Brand Ranked Nationally and Regionally in 2021 “Best Law Firms” by U.S. News – Best Lawyers®
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October 20, 2020Downey Brand Welcomes Madeline R. Weissman to its San Francisco Office
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January 15, 2020Downey Brand Names Two New Partners
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November 15, 2019Meredith Nikkel Named 40 Under 40 by Sacramento Business Journal
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November 4, 2019Downey Brand Ranked Nationally and Regionally in 2020 “Best Law Firms” by U.S. News – Best Lawyers®
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May 20, 2019Downey Brand Senior Associate Promoted to Counsel
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March 1, 2019Rebecca Smith Joins Board of Directors at Water Education Foundation
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January 1, 2019Downey Brand’s Sacramento Office Welcomes Brian E. Hamilton
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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October 15, 2018Natalie Kirkish and Benjamin Lee Join Downey Brand’s Natural Resource Team
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December 20, 2017Downey Brand Promotes Four New Counsel
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December 12, 2017Downey Brand Names Six New Partners
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November 6, 2017Downey Brand Named a Tier 1 Regional “Best Law Firm” in Six Practice Areas by U.S. News – Best Lawyers® in 2018
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January 13, 2017Christopher Rendall-Jackson Joins Downey Brand’s San Francisco Office
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January 6, 2017Downey Brand Names New Partners and Counsel
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November 2, 2015Veteran Environmental Attorneys Kathryn Oehlschlager and Donald Sobelman Join Downey Brand
Firm Furthers its Bay Area Commitment with Expansion of San Francisco Office -
December 12, 2014Downey Brand Welcomes Three New Associates
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December 6, 2013Downey Brand Names New Partner
In the News
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February 14, 2024PG&E’s Hesitation Casts Shadow on Eel-Russian River Diversion Plan
Mendocino County News -
June 25, 2018This One Issue Could Make Splitting California Into Three States Virtually Impossible
The Sacramento Bee -
July 10, 2015Water Rights Ruling a Setback for California Drought Regulators
The Sacramento Bee -
June 15, 2015Court Battles Loom Over California’s Senior Water Rights
KQED -
June 12, 2015California Curtails Some Longstanding Water Rights Over Drought
Reuters -
March 1, 2015Central Valley, Delta Water Rights Under Scrutiny
The Sacramento Bee -
June 26, 2014Pain of California’s Water Shortage is Spreading
The Sacramento Bee -
June 9, 2014Northern California Leaders Ask for Help in Drought
Business Insider -
October 8, 2013California Governor Signs Bills to Tackle State’s Water Crisis
Reuters -
March 13, 2013Legal Battles Over California Water Supplies Set to Escalate With Final Bay-Delta Plan
Bloomberg BNA, Water Law & Policy Monitor
Speaking Engagements / Events
40 related items-
October 29, 2024Emerging Legal Topics in Flood Control and Regulation
Panelist, National Association of Flood and Stormwater Management Agencies - Annual Meeting -
October 1, 2024Planning for the Unexpected – Lessons Learned from a Flood Control Perspective
Presenter, APA California 2024 Conference -
September 30 & October 1, 2024From Delta to Drought: California Water Rights, Water Supply, and Land Use Law
Argent Communications 38th Annual California Water Law & Policy Conference -
September 15, 2024Go With the Flow
Panelist, 2024 Environmental Law Conference at Yosemite -
June 6, 2024SGMA Endpoints – GSP Implementation, Adjudication, or Both
Panelist, 2024 SGMA Implementation Summit & Workshop -
February 24, 2024Water Rights Enforcement in California
2024 California Water Law Symposium - 1913 to Now: Diversifying Solutions to Water Governance in California -
December 1, 2023SGMA and Groundwater Comprehensive Update: Basin Boundaries, Sustainability Agencies and Plans, and Streamlined Adjudications
County Counsels' Association of California Fall 2023 Land Use Study Section Meeting -
November 30 - December 1County Counsels’ Association of California Fall 2023 Land Use Study Section Meeting
Embassy Suites by Hilton Monterey Bay Seaside, California -
November 30, 2023Ethics Training (AB 1234)
2023 ACWA Fall Conference & Expo -
November 29, 2023Protecting Local Ratemaking Authority
ACWA 2023 Fall Conference & Exhibition -
November 2-3, 20232023 Water Law Institute
The Foundation for Natural Resources and Energy Law -
June 8-9, 2023California Water Law, Policy, and Management in This Time of Extremes
Argent Communications 37th Annual California Water Law & Policy Conference -
June 7, 2023Considerations for Demand Management: Creative Approaches to Complement Supply Augmentation
Panelist, 2023 SGMA Implementation Summit & Workshop -
May 11, 2023Ethics Training (AB 1234)
Presenter, ACWA Spring Conference -
June 8, 2023The Delta—Update on the Many Litigation Matters
Presenter, Argent Communications 37th Annual California Water Law & Policy Conference -
May 5, 2023Moving Targets in Muddied Waters: Advising Farmers, Landowners, and Lenders Regarding Waters of the United States
Presenter, Western Agricultural and Environmental Law Conference -
April 4, 2023Climate Extremes: Preparing for More Frequent and Intense Atmospheric Rivers
Moderator, California Central Valley Flood Control Association's 2023 Flood Forum -
February 4, 2023Conflicting Interests Between Agriculture & Species Conservation
2023 California Water Law Symposium - Diverse Needs: Species Protection & Water Supply -
January 26, 2023The ESA at Fifty: What Would President Nixon Think?
Speaker, 55th Annual Mid-Pacific Water Users’ Conference -
November 16, 2022California Counties Advancing Change
Speaker, California State Association of Counties 128th Annual Meeting -
November 4-5, 20222022 Water Law Institute
Program Committee and Moderator, The Foundation for Natural Resources and Energy Law's 2022 Water Law Institute -
October 19, 2022Engineering with Nature: Role of Nature-Based Solutions in Flood Protection
Moderator, California Central Valley Flood Control Association's 2022 Flood Forum -
October 6, 2022Homelessness & Flood Risk Reduction Systems
Speaker, National Association of Flood & Stormwater Management Agencies- Live Webinar -
August 9-11, 2022Waves of Change: Water Resource Management and Infrastructure at the Turning Point
Speaker, National Association of Flood & Stormwater Management Agencies' Annual Meeting -
May 17 & 19, 2022California Water Management, Policy, and Regulation in This Time of Extremes
Argent Communications 36th Annual California Water Law & Policy Virtual Conference -
May 5, 2022Ethics Training (AB 1234)
Speakers, 2022 ACWA Spring Conference & Exhibition -
April 25, 2022California Water Rights, Supply and Quality Webinar
Speaker, HalfMoon Education Live Webinars -
April 21, 2022Waterside Chat
Panelist, Center for Land-Based Learning Event -
April 9, 2022Managing Flow Amid Increasing Demand: How Science Can Inform Policy
2022 California Water Law Symposium - Water Law & Drought -
April 8, 2022Water 101 Workshop: The Basics and Beyond
Presenter, Water Education Foundation Workshop -
December 2, 2021AB 1234 Ethics Training
Presenter, ACWA 2021 Fall Conference -
June 1, 2021Legal Issues in the Water Resources World
National Waterways Conference 2021 Regional Spotlight - California -
May 5, 2021Riverflow and Instream Rights: Professor Paul Kibel in Conversation with Professor Karrigan Bork
Sacramento County Bar Association, Environmental Law Section -
April 19 & 21, 2021Water Rights, Policy, Regulation, and the Future under the New Administration
Argent Communications 35th Annual California Water Law & Policy Virtual Conference -
March 8, 2021Ethics of Water Law for Practitioners
Lorman Education Services Live Webinar -
January 30, 2021Innovations in Water Storage As A Response To Climate Change
2021 California Water Law Symposium, Climate Change: Adapting to a Warming Climate -
October 15, 2020Take Me to the River: Evolving Frameworks for Environmental Flows
29th Annual 2020 Environmental Law Conference at Yosemite® -
August 11-12, 2020Current Legal Issues in Flood, Floodplain & Water Quality Management
National Association of Flood & Stormwater Management Agencies Annual Meeting -
April 22, 2020Sustainable Groundwater Management Act
Co-instructor, UC Davis Extension -
March 18, 2020Encroachments: The Next Challenge
Moderator, California Central Valley Flood Control Association (CCVFCA) Annual Flood Forum
Blogs
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Hello Again from NAFSMA
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October 28, 2024“Live from Colorado Springs, it’s NAFSMA!”
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December 21, 2022Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
CEQA Chronicles -
March 12, 2019House Financial Services Committee Schedules First NFIP Hearing of the Year
The Levee Was Dry -
February 10, 2019Calling all Potential P3 Projects
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October 23, 2018Water Resources Development Act is Signed Into Law By President
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October 21, 2018President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)
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October 7, 2018The Water Resources Development Act (WRDA) Finally to be Considered by the Senate
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September 21, 2018USACE Appropriations Bill Signed by President, Becomes Law
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September 13, 2018Federal Funding Panel Shared Interesting Perspectives at Annual FMA Conference
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September 11, 2018WRDA, Appropriations, and USACE Is Staying Where It Is (for now, at least): A Busy Few Days on the Hill
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September 9, 2018USACE 408 Guidance Is Officially Final (EC 1165-2-220)
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September 5, 2018USACE Issues Guidance for Use of Supplemental Appropriation
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September 3, 2018USACE 408 Guidance May Be Final (EC 1165-2-220)
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August 7, 2018Will the Army Corps of Engineers lose the Civil Works mission? Looks like the Department of Defense is making some plans.
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August 1, 2018No Long-Term Reauthorization Yet; NFIP Extended Through November 30, 2018
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June 11, 2018USACE Issues 2018 Workplan
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April 12, 2018We Are Happy to Share the Comments of the L.A. Coastal Protection and Restoration Authority
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April 11, 2018Leadership Changes at FEMA’s Flood Insurance Group
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March 11, 2018Should the Civil Works Mission Leave the US Army Corps of Engineers?
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February 20, 2018National Waterways Conference Requests More Time on Draft 408 Policy
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February 19, 2018President Trump Releases Infrastructure Proposal
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February 12, 2018The President Is Pushing Infrastructure, But Not So Much Through the Corps’ Civil Works Program
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February 7, 2018Technical Problems with First USACE 408 Webinar; Tune in Tomorrow for Second
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February 5, 2018Draft 408 Guidance imminent; USACE Webinars Scheduled
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October 15, 2017Why Advocacy Matters
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October 4, 2017Trump Nominates RD James for Assistant Secretary of the Army for Civil Works
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October 2, 2017The Money Calendar – How The Federal Budget Calendar Is Circular, Not Linear
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September 7, 2017Will the National Flood Insurance Program (NFIP) be reauthorized, extended, or what?
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September 5, 2017How Should the Flood Management Community Deal with the Uncertainty of Climate Change?
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September 4, 2017Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)
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August 31, 2017Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?
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August 30, 2017A Quick Look at What’s Ahead on the Water Infrastructure Front
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August 15, 2017Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform
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July 17, 2017A Welcome Surprise From Congress
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June 29, 2017USACE Issues Guidance on Contributed Funds for Section 408 Review
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June 28, 2017James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference
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June 26, 2017New Guidance from USACE Could Streamline Processes
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May 25, 2017A Lobbyist’s Thoughts on Whether the Work Plan Foreshadows Trump’s View of the Corps’ Future Role
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May 24, 2017USACE Releases FY17 Work Plan; Media Book Released on FY18 Budget Proposal
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May 22, 2017Rumors of an Impending Work Plan to be Released with the Draft USACE Budget on May 23?? Well, Not Quite Yet.
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May 7, 2017The FY2017 Budget Continues to Support Army Corps Activities
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April 9, 2017The Army Corps of Engineers, a Continuing Resolution Expiration, and a Congress That Hasn’t Yet Made Up Its Mind.
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April 5, 2017A potpourri of Northern California news, including the latest on Lake Oroville
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March 16, 2017The Trump Skinny Budget and Federal Flood Protection
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March 14, 2017Update on Oroville Dam, Concerns about Fish and a Related Snow Survey
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February 24, 2017The Governor Writes a Letter, and Roundup on Flooding Issues Around the State
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February 19, 2017A Mishmash of News as California Gets Even Wetter.
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February 17, 2017DWR Expresses Confidence That Oroville Threat Has Diminished, and Downstream Levees Will be Reinforced. And Here Comes the Rain!!
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February 14, 2017Mandatory Evacuation Ends Below Oroville Dam, But the Flood Control System in the Valley Remains Strained
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February 13, 2017“Dynamic” Situation at Oroville Dam: Valentine’s Day Update (and in other news….)
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February 12, 2017A Scary Night for Those Below Oroville Dam; And The Worst May Not be Over.
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February 10, 2017Uncontrolled Releases on Oroville Dam Were Unlikely From This Storm Event; Now Certain
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February 9, 2017Is Oroville Reservoir Heading Toward Uncontrolled Releases?
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December 21, 2016Should California Leave the NFIP and Create its Own Flood Insurance Program?
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October 2, 2016Part II – Our Thoughts on FEMA’s New Draft Regulations
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September 28, 2016FEMA Issues Draft Regulatory Amendments to Implement President Obama’s Executive Order 13690 and the Federal Flood Risk Management Standard; Comments Due by October 21, 2016
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June 27, 20162016 Water Resources Development Act (WRDA) Advances in the Senate with a Good CBO Score
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May 17, 2016Call for Projects Forthcoming from the Army Corps of Engineers
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May 2, 2016“Changes Ahead at the US Army Corps” – and with all of the changes that are forthcoming this could be a series!
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April 15, 2016Update on El Niño, and Some Recent Flood Control History in the Central Valley
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March 29, 2016NFIP Rates are Going Up on April 1… But Do Enough People Care for Congress to Change its Mind?
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February 24, 2016New Chief of Engineers Nominated by President Obama
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February 2, 2016Tips for Surviving a Civil Works Review Board
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September 9, 2015USACE Issues Draft Guidance on Federal Credit; Comments Due By September 28, 2015
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August 19, 2015Will an El Niño Weather Pattern Lead to Flooding in California’s Central Valley?
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August 17, 2015“Ride that Sun Across the Sky, from Jackson Hole Down to Telluride, and Get a Little Rocky Mountain High.” Keeping it Country, Jake Owens (2011)
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June 19, 2015Inverse Condemnation Flooding Case Moves Forward in Texas
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May 18, 2015New California Tribal Consultation Law Takes Effect July 1
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April 30, 20152016 Energy and Water Appropriations Bill Passed by House Committee, Possible FFRMS Implications
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April 26, 2015Deadline Approaching for Comments on Draft Guidelines for the Federal Flood Risk Management Standard (FFRMS)
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May 24, 2015Development Set to Begin Again in Sacramento’s Natomas Area
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March 4, 2015The new Federal Flood Risk Management Standard (FFRMS): An unclimbable mountain or a modest molehill?
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February 28, 2015Louisiana Judge Tosses Lawsuit Blaming Oil and Gas Industry for Flood Damages
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February 16, 2015FEMA Announces Four Listening Sessions on Draft Federal Flood Risk Management Standard Guidance
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February 12, 2015State Grant Program Offers $150 Million for Urban Flood Protection Projects
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February 9, 2015Attacks on Obama’s Amendment of Executive Order 11988 Begin With a Letter
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February 2, 2015Obama Amends Executive Order 11988; Potential for Drastic Impacts on Development in Flood-Risk Areas
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January 12, 20152014 Milestone: Passage of Water Infrastructure Legislation
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September 23, 2014Corps Issues New 408 Guidance for Modifications of Authorized Projects
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October 14, 2014Corps Issues the Mother of All Requests for Proposal
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Legal Alerts
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July 1, 2024The Supreme Court Significantly Undercuts Agency Authority By Overruling Chevron in Landmark Ruling
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May 28, 2024Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River
Water Law -
March 22, 2024Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the Bay-Delta Plan
Water Law -
November 20, 2023Court of Appeal Upholds County of Monterey’s Management of Groundwater in Landmark SGMA Case
Water Law -
May 26, 2023Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other Waters
Water Quality Law -
March 30, 2023U.S. Senate Passes Joint Resolution of Disapproval to Overturn Biden Administration “Waters of the U.S.” Rule in Bipartisan Effort
Water Law -
January 5, 2023Biden Administration Finalizes Waters of the United States Rule in Latest Move Involving Ongoing Water Quality Saga
Water Quality Law -
August 31, 2022U.S. EPA Pushing Ahead to Designate PFOA and PFOS as Superfund Hazardous Substances
Environmental Law -
June 29, 2022Can PFAS Chemicals in Tenths or Even Hundredths Parts Per Trillion Present a Health Risk?
Environmental Law -
June 9, 2022State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed
Water Law -
April 18, 2022California Steps Up Its Investigations and Permitting of PFAS
Environmental Law -
January 24, 2022New Phase I Environmental Site Assessment Standard Makes Strides Towards Addressing Regulatory Uncertainty Associated With Emerging Contaminants, Such as PFAS
Environmental Law -
December 9, 2021FDA Announces Proposed Changes to Agricultural Water Requirements Under the Food Safety Modernization Act
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August 17, 2021State Water Board Issues Emergency Regulations for Curtailments in Delta Watershed
Water Law -
March 29, 2021Latest California State Water Board Investigative Order for PFAS Targets Bulk Fuel Storage Terminals and Refineries
Environmental Law -
March 5, 2021Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits or Other Water Quality-Related Orders
Water Quality Law -
March 1, 2021Judge Finds that Water Boards Have Authority to Regulate Discharges of Dredge and Fill Material as Waste Under Porter-Cologne Water Quality Control Act
Water Quality Law -
January 20, 2021Judge Suspends State Procedures as Applied to Majority of Waters of the State; Retains Application to Waters Subject to the Clean Water Act and All Ocean Waters Regardless of Jurisdiction
Environmental Law -
May 4, 2020Twenty-Two Environmental Groups and Nineteen Jurisdictions File Suit in Three District Courts Challenging The 2020 WOTUS Rule
Environmental Law -
April 23, 2020After Months of Delay The 2020 WOTUS Rule is Finally Published, Ensuring the California Regulated Community Receives No Relief Associated with the Rule’s Bright Lines and Clarifications
Environmental Law -
April 16, 2020CalEPA Issues Statement on Enforcement and Compliance Requirements During COVID-19 Pandemic
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
April 13, 2020USEPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
March 20, 2020Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
March 18, 2020UPDATED: In Response to Concerns Regarding COVID-19, Governor Newsom Grants Additional Flexibility for Public Agency Teleconference Meetings
Downey Brand COVID-19 News and UpdatesPublic Agency -
March 12, 2020In Response to Concerns Regarding COVID-19, Governor Newsom Suspends Some Requirements applicable to Public Agency Teleconference Meetings
Downey Brand COVID-19 News and UpdatesPublic Agency -
September 10, 2019State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020
Environmental Law -
May 9. 2019Joint Powers Authority Comprised of Irrigation Districts and the City and County of San Francisco Challenge Recently Adopted State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
Environmental Law -
April 4, 2019After Years of Handwringing and Lengthy Stakeholder Negotiations, California Water Board Adopts State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
Environmental Law -
February 13, 2019New Law Mandates That Special Districts Maintain Public Websites by January 2020; Limited Exemptions Available
Public Agency -
November 21, 2018State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know
Water Quality Law -
September 13, 2018AB 2257: New Brown Act Requirements for Meeting Agendas on Local Agency Websites Effective for Meetings Held on and after January 1, 2019
Public Agency -
January 9, 2018Amendments to the California Industrial General Storm Water Permit on the Horizon
Water Law -
December 4, 2017California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218
Water Law -
July 24, 2017WaterFix EIR Certification and NOD Client Alert
Water Law -
April 7, 2017Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation Districts Are Permitted to Assess School Districts
Water Law -
April 4, 2017Water Board Adopts Revisions to Enforcement Policy That Are Expected to Generally Increase Penalties
Environmental Law -
March 3, 2017California Supreme Court Rules Public Officials’ and Employees’ Personal Accounts Do Not Escape Reach of Public Records Act
Public Agency -
February 9, 2017NRDC/WaterKeeper Challenge to 2012 Los Angeles Municipal Storm Water Permit Denied
Water Quality Law -
January 5, 2017Client Invoices Reside in the “Heartland” of Attorney-Client Privilege While Matters Are Ongoing . . . But Maybe Not Later
Water Law -
August 16, 2016Comment Deadline Approaching on State Water Board Draft Policy on Isolated Wetlands
Water Law -
August 16, 2016WARNING: Proposed Revisions to Water Boards’ Enforcement Policy Will Likely Lead to Higher Penalties
Water Law -
July 22, 2016SB 272: A New Disclosure Requirement Under the Public Records Act, Effective July 1, 2016
Public Agency -
March 18, 2016Update: California Supreme Court Holds Inadvertent Production of Attorney-Client Privileged Documents under a Public Records Act Request Does Not Waive the Privilege
Public Agency -
February 23, 2016DWR Releases Draft Emergency Regulations for Groundwater Sustainability Plans
Water Law -
October 13, 2015Governor Signs Sustainable Groundwater Management Act Part II: Groundwater Adjudications Meet Groundwater Management
Water Law -
August 18, 2015Showdown at California Supreme Court over Waiver of Attorney-Client Privilege in Public Records after Inadvertent Disclosure
Public Agency -
April 21, 2015Court of Appeals Gives Guidance on How to Implement Tiered Pricing
Water Law -
April 2, 2015No End In Sight for California’s Drought– Governor Imposes Statewide Water Restrictions
Water Law -
March 24, 2015Drought Deepens – State Water Resources Control Board Adopts New Stricter Rules
Water Law -
October 3, 2014Cal Supreme Court Update: Water Use for Frost Protection
Water Law -
September 2, 2014The New Groundwater Legislation: Opportunities and Challenges
Water Law -
July 21, 2014Sacramento Trial Court Extends the Public Trust Doctrine to Limit Groundwater Extraction
Water Law -
July 15, 2014Sacramento River Settlement Contractors Ask U.S. Supreme Court to Review Scope of Endangered Species Act
Water Law -
May 29, 2014Immediate Curtailment of Post-1914 Appropriative Water Rights
Water Law -
May 23, 2014Farm Lenders and Farming Organizations File Amicus Brief in Crucial Ninth Circuit Water Case
Food and Agriculture Law -
May 6, 2014Orange County Trial Court Upholds Cadiz Valley Groundwater Project
Water Law -
April 21, 2014Updated Water Supply Amounts for State and Federal Projects
Water Law -
April 2014State Water Board Adopts Industrial Storm Water General Permit: Prepare!
Water Quality Law -
March 18, 2014Court of Appeal Clarifies Limits on Pre-Condemnation Activities Without Condemnation Action
Water Law -
March 2014Governor Brown Signs Emergency Drought Legislation Into Law
Water Law -
January 2013Trial Court Rejects the Fish and Wildlife Department’s Novel Expansion of Streambed Alteration Regulations to Existing Water Rights
Water Law -
November 2012More Stringent Permit Likely After Court Strikes Down Discharge Permit in Central Valley
Food and Agriculture Law -
October 2012Court Rules on Goldfields Parties’ Definition of “Groundwater”
Food and Agriculture Law -
October 2012U.S. Fish and Wildlife Service Proposes Delisting Valley Elderberry Beetle
Water Law -
October 2012No Tax Relief for the Anexed: Court of Appeal Holds Proposition 218 Does Not Apply to Annexations
Water Law -
August 2012Ninth Circuit Affirms Priority of Water Rights Held by Sacramento River Settlement Contractors In the Face of Endangered Species Act Challenges
Water Law -
October 2010First District Court of Appeal Defers to Water Agency’s Discretion and Upholds Urban Water Management Plan, Rejecting Claim That Any “Uncertainty” About Future Water Supplies Requires Analysis of Alternative Supplies
Water Law -
July 2010Court of Appeal Holds That CEQA Is Not Triggered By a Public Agency’s Investigation of Sites for a Potential Project
Land Use Law -
June 2010California Supreme Court Confirms that the California Constitution Does Not Require Secret Ballots in Proposition 218 Ballot Proceedings
Water Law -
March 2010Floodplain Management & Liability Reporter
Water Law -
January 2010First District Court of Appeal Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218
Water Law -
June 2009U.S. Supreme Court Rules That EPA Cannot Issue “NPDES” For Discharges Requiring a Section 404 Dredge and Fill Permit From the Corps of Engineers
Water Law -
March 2009First Appellate District: The California Constitution Compels Local Governments to Keep Ballots Confidential in Fee Elections and to Inform the Public of That Fact
Water Law -
November 2008Rohnert Park Decision: Water Suppliers Given “Substantial Discretion” To Analyze Groundwater Sufficiency for New Developments
Water Law -
June 2008EPA Excludes Water Transfers From Clean Water Act Permit Requirements
Water Law -
June 2008California Supreme Court Upholds CALFED Environmental Impact Report
Water Law -
April 16, 2008Court of Appeal Finds Water Supply Assessments Not Actionable Until Completion of Environmental Review Process
Water Law -
September 2007Applying Principles from the California Supreme Court’s 2007 Decision in Vineyard Area Citizens, Court of Appeals Upholds EIR Against Challenge to Water Supply Analysis
Water Law -
November 2005Excerpts from Western Water Magazine’s article, “It Can Happen Here: Assessing California’s Flood Risk”
Water Law
Publications
116 related items-
August/September 2024California Public Utilities Commission Tags the Department of Water Resources to Procure up to 10.6 Gigawatts of Clean Energy
California Water Law & Policy Reporter, Volume 34, Number 11 -
August/September 2024State Water Board Adopts Water Conservation Regulations for Urban Retail Water Suppliers
California Water Law & Policy Reporter, Volume 34, Number 11 -
July 2024Yuba Water Agency Seeks Extension for the Lower Yuba River Accord Water Transfer Program
California Water Law & Policy Reporter, Volume 34, Number 10 -
July 2024Yolo County Court Upholds Environmental Impact Report for Sites Reservoir Project
California Water Law & Policy Reporter, Volume 34, Number 10 -
June 2024U.S. Environmental Protection Agency and California Regional Water Board Sue San Francisco Over Discharges in the Bay
California Land Use Law & Policy Reporter, Volume 33, Number 9 -
May 2024State Water Board Extends Deadline to Protest Change Petition for DWR’s Delta Tunnel Project
California Water Law & Policy Reporter, Volume 34, Number 8 -
May 2024Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the San Francisco Bay-Delta Plan
California Water Law & Policy Reporter, Volume 33, Number 8 -
April 2024U.S. Bureau of Reclamation Releases a Final Supplemental Environmental Impact Statement for the Near-Term Operation of the Lower Colorado River Watershed
California Land Use Law & Policy Reporter, Volume 33, Number 7 -
March 2024Sacramento Superior Court Rules Department of Water Resources Lacked Authority to Issue Bonds for Delta Tunnel
California Water Law and Policy Reporter, Volume 34, Number 6 -
March 2024State Water Resources Control Board Again Addresses Instream Flow Concerns in Scott and Shasta Rivers Through Emergency Rulemaking
California Water Law and Policy Reporter, Volume 34, Number 6 -
February 2024Tenth Circuit Reverses $500,000 Clean Water Act Penalty After Incomplete Application of Maui Factors by the District Court
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 4, Number 5 -
January 2024Sacramento County Sues City of Sacramento for Public Nuisance and Water Pollution Associated with Unhoused Encampments
California Land Use Law & Policy Reporter, Volume 33, Number 4 -
December 2023Environmental Groups Challenge State Water Resources Control Board’s Order Modifying Irrigated Lands Program Order for Central Coast Region
California Water Law & Policy Reporter, Volume 34, Number 3 -
December 2023EPA Publishes Final Rule – Requires PFAS Reporting Under TSCA
California Water Law & Policy Reporter, Volume 34, Number 3 -
December 2023Governor Newsom Utilizes New Infrastructure Streamlining Law to Certify Judicial Streamlining of the Sites Reservoir Project
California Water Law & Policy Reporter, Volume 34, Number 3 -
November 2023State Water Resources Control Board Releases Draft Staff Report in Support of Sacramento/Delta Updates to the Bay-Delta Plan
California Water Law & Policy Reporter, Volume 34, Number 2 -
November 2023U.S. District Court Dismisses Constitutional Challenges to Curtailments on Deer Creek and Mill Creek, but Allows Related Challenges Against California Department of Fish and Wildlife to Proceed
California Water Law & Policy Reporter, Volume 34, Number 2 -
November 2023EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures
Environmental, Energy, & Climate Change Law and Regulation Reporter, Vol. 4, Number 2 -
October 2023District Court Dismisses Claim That 2018 Amendments to the Bay-Delta Plan Discriminate Against the U.S. Bureau of Reclamation
California Water Law & Policy Reporter, Volume 34, Number 1 -
October 2023‘Waters of the United States’ Redefined – EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 4, Number 1 -
July 2023California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 10 -
June 2023SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands Under the Clean Water Act Must be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 9 -
June 2, 2023Hurdles Remain for Colorado River Agreement
Daily Journal -
May 2023California Court of Appeal Upholds State Water Resources Control Board’s General Waste Discharge Requirements in WQO 2018-0002
California Water Law and Policy Reporter, Volume 33, Number 8 -
April 2023California State Water Resources Control Board’s New Sanitary Sewer Systems Waste Discharge Requirements to Take Effect This Summer
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 7 -
February 2023California Tribes and Environmental Organizations File Civil Rights Complaint and Petition for Rulemaking with EPA for Bay-Delta Water Quality Standards
California Water Law & Policy Reporter, Volume 33, Number 5 -
February 2023Biden Administration Finalizes Part 1 of New ‘Waters of the United States’ Rule
California Land Use Law & Policy Reporter, Volume 32, Number 5 -
January 2023Stanislaus County Superior Court Orders Water District to Vacate Approval of the Del Puerto Canyon Reservoir Project Pending Compliance With CEQA
California Water Law & Policy Reporter, Volume 33, Number 4 -
December 2022California State Water Resources Control Board Adopts Water Conservation Standards for Urban Suppliers
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 3 -
December 2022U.S. Department of the Interior Announces $210 Million for Drought Resilience Projects in the West
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 3 -
November 2022Ninth Circuit Finds no Waiver of California’s Water Board’s Section 401 Certification Authority–The Latest in the Battle of Authority to Regulate Federal Hydropower Projects
Western Water Law & Policy Reporter, Volume 27, Number 1 -
June 2022California Department of Water Resources Releases Draft Update Central Valley Flood Protection Plan
California Water Law & Policy Reporter, Volume 32, Number 9 -
June 2022State Water Resources Control Board Conducts Public Workshop on Potential Impacts of Forthcoming Efficiency Standards on Local Wastewater Management
California Water Law & Policy Reporter, Volume 32, Number 9 -
May 2022Environmental Interest Groups Challenge Groundwater Sustainability Plans for the Butte, Colusa, and Vina Subbasins
California Water Law & Policy Reporter, Volume 32, Number 8 -
May 2022State Water Resources Control Board Approves Temporary Urgency Change Petition for State Water Project and Central Valley Project
California Water Law & Policy Reporter, Volume 32, Number 8 -
May 24, 2022AWWEE Hosts Event Discussing the Bipartisan Infrastructure Law and its Funding Opportunities
Downey Brand Infrastructure Publication -
April 2022Federal Energy Regulatory Commission Issues Draft Environmental Impact Statement for the Decommissioning of Four Klamath River Dams
California Water Law & Policy Reporter, Volume 32, Number 7 -
April 2022Department of Water Resources Begins Preparation of Environmental Impact Report for West False River Drought Salinity Barrier
California Water Law & Policy Reporter, Volume 32, Number 7 -
March 2022U.S. Army Corps of Engineers and NOAA Enter into Joint Memorandum Regarding ESA Consultations for Existing Structures
California Land Use Law & Policy Reporter, Volume 31, Number 6 -
March 2022U.S. Supreme Court Grants Certiorari in Sackett, Paving the Way to a Definitive Test for Determining Wetland Waters of the United States Under the Clean Water Act
California Water Law & Policy Reporter, Volume 32, Number 6 -
March 2022DWR Deems Groundwater Sustainability Plans for 12 Critically Overdrafted Basins Incomplete and Require Revision
California Water Law & Policy Reporter, Volume 32, Number 6 -
February 2022Great Lakes, Coastal Beaches, and Certain Coastal Waters Further Protected by New Federal Pipeline Rule
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 5 -
December 2021District Court Vacates Trump ERA Clean Water ACT 401 Water Quality Certification Rule – Remands to EPA for Further Proceedings
California Water Law & Policy Reporter, Volume 32, Number 3 -
December 2021Fresno County Superior Court Denies Westlands Water District’s Validation Action on its Federal Water Repayment Contract
California Water Law & Policy Reporter, Volume 32, Number 3 -
November 2021Governor Newsom Signs Senate Bill 323 Implementing a 120-Day Statute of Limitations for Challenges to Water and Sewer Service Rates
California Water Law & Policy Reporter, Volume 32, Number 2 -
November 2021Water Agencies File Lawsuits Challenging State Water Board’s Sacramento-San Joaquin Curtailment Order
California Water Law & Policy Reporter, Volume 32, Number 2 -
September 2021The California State Water Resources Control Board Approves Emergency Regulations for Water Right Curtailment Orders in Scott and Shasta Rivers
California Water Law & Policy Reporter, Volume 31, Number 11 -
March 2021Congress Introduces Bill to Coordinate River Restoration Efforts Between the United States and Mexico and to Protect the Salton Sea
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 6 -
February 2021U.S EPA Finalizes Guidance on Implementation of U.S. Supreme Court’s ‘Functional Equivalent’ Clean Water Act Test in County of Maui Case
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 5 -
November 18, 2020Congress Considers Amendment to Expand Reach of the Water Infrastructure Finance and Innovation Act
Argent Communications Group -
October 2020The California Supreme Court Decides ‘Protecting Our Water and Environmental Resources v. County of Stanislaus,’ Finding Groundwater Well Permits are Discretionary, Now and Then
California Water Law & Policy Reporter, Volume 31, Number 1 -
September 7, 2020FERC Order Requires PacifiCorp to Remain on for Klamath Dam Removals
Argent Communications Group -
September 7, 2020Council on Environmental Quality Publishes Final Rule Updating NEPA’s Implementing Regulations
Argent Communications Group -
July 2020Reclamation Releases Environmental Document for Repair of Friant-Kern Canal
California Water Law & Policy Reporter, Volume 30, Number 10 -
July 2020Court Finds Delta Plan Valid Despite Lack of Enforceable Numeric Compliance Targets
California Water Law & Policy Reporter, Volume 30, Number 10 -
June 2020U.S. Supreme Court’s New Discharge to Groundwater Decision is County of Maui Raises More Questions than it Answers
California Water Law & Policy Reporter, Volume 30, Number 9 -
May 6, 2020California Department of Fish and Wildlife Issues Incidental Take Permit for Long-Term Operations of the State Water Project
Argent Communications Group -
May 2020James Irrigation District Sues Westlands Water District Over Mendota Pool Group 20-Year Exchange Program
California Water Law & Policy Reporter, Volume 30, Number 8 -
April 2020Class Action Challenges Public Agencies’ Retail Water Rates Under Proposition 218
California Water Law & Policy Reporter, Volume 30, Number 7 -
April 2020Fifth Appellate District Holds Kern County Oil and Gas Activity Ordinance Invalid
California Water Law & Policy Reporter, Volume 30, Number 7 -
March 2020U.S. EPA and the Corps Release Waters of the United States Rule that Closely Adheres to Justice Scalia’s Rapanos Opinion—But Due to California’s New Wetlands Program, Provides Little Relief to the State Regulated Community
California Water Law & Policy Reporter, Volume 30, Number 6 -
February 2020Court Declines to Address Issue of Future Prescription in Appeal to Santa Maria Groundwater Adjudication
California Water Law & Policy Reporter, Volume 30, Number 5 -
February 2020Environmental and Fishing Organizations Challenge Approval of Grasslands Bypass Project Under State and Federal Law
California Water Law & Policy Reporter, Volume 30, Number 5 -
January 2020District Court Holds U.S. Army Corps is Not Obligated Under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis
California Water Law & Policy Reporter, Volume 30, Number 4 -
January 2020Federal Circuit Determines CVP Restoration Fund Payments Must Be Proportionately Assessed to Water and Power Customers
California Water Law & Policy Reporter, Volume 30, Number 4 -
February 1, 2019California’s Public Trust Doctrine Draws Attention in the Courts
Legal Notes, Western City -
October 1, 2018Federal Government and Center For Biological Diversity Reach Settlement over ‘Wild And Scenic’ Rivers
Argent Communications Group -
September 24, 2018Appellate Ruling Extends Public Trust Doctrine to Groundwater
The Daily Transcript -
August 30, 2018Wildfires, Farms, Fish and Meeting Water Demands
Daily Journal -
August 2018Water Rights and Environmental Regulation: A Lawyer’s Guide
American Bar Association -
July 2018Adjudicating Groundwater: A Judge’s Guide to Understanding Groundwater and Modeling
The National Judicial College, Dividing the Waters -
April 2018There is No Free Lunch: The Endangered Species Act, The Public Trust Doctrine and The Takings Clause
Best Paper Award, ABA 36th Annual Water Law Conference -
December 20, 2017Lawsuit Seeks to have California Waterways Identified as Hydrologically Impaired under the Clean Water Act
California Water Law & Policy Reporter -
November 21, 2017New Law Provides Alternative Method of Compliance with Water Use Monitoring Requirements
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November 2017Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities
The Water Report, Issue 165 -
Spring 2017California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings
Environmental Law News, Vol. 26, No. 1 -
March 17, 2017Private Emails, Texts, Not Immune From Disclosure
Sacramento Business Journal -
March 2017Preparing for Sustainable Groundwater Management: A Review of Groundwater Recharge
California Water Law & Policy Reporter, Volume 27, Number 6 -
February 2017Let’s Get Physical—Water Rights, Takings, and the Endangered Species Act
California Water Law & Policy Reporter, Volume 27, Number 5 -
December 2016A Compendium of California’s Sustainable Groundwater Management Act
Provided by Downey Brand's Water Law Practice -
Fall 2016California Groundwater Management: Laboratories of Local Implementation or State Command and Control?
Environmental Law News, Vol. 25, No. 2 -
November 2016Governor Brown Approves Assembly Bill 2551, Which Broadens Public Contracting Options for Surface Water Storage Projects
California Water Law & Policy Reporter, Volume 27, Number 2 -
May 2016Still Waiting for a Federal Response to the Drought: A Legislative Update
California Water Law & Policy Reporter, Volume 26, Number 8 -
May 2016Addressing the California Department of Water Resources’ Draft Emergency Regulations on Groundwater Sustainability Plans
California Land Use Law & Policy Reporter, Vol. 25, No. 8 -
March 4, 2016DWR Releases Draft Emergency Regulations for Groundwater Sustainability Plans
In the View, CLFP Electronic Newsletter -
December 2015Does Every Drop Really Count? An Inconsistent Accounting of California’s Water Supply
California Water Law & Policy Reporter, Volume 26, Number 3 -
November 2015Union of Concerned Scientists Proposes Best Practices to Achieve Goals of the Sustainable Groundwater Management Act
California Water Law & Policy Reporter, Volume 26, Number 2 -
Fall 2015Marketing the Sustainable Groundwater Management Act: Applying Economics to Solve California’s Groundwater Problems
ABA Natural Resources & Environment, Vol. 30, No. 2 -
August 5, 2015Calif. Drought Prompts Bout Among Regulators And Farmers
Law360 -
August/September 2015A Federal Response to the Drought – Three Bills Pending in Congress
California Water Law & Policy Reporter, Volume 25, Number 11 -
July 15, 2015Regulating Seawater Desalination in California
The Water Report -
June 18, 2015User’s Guide to California Water Rights
Daily Journal -
June 2015Environmental Groups File Suit Against San Francisco Challenging Hetch Hetchy Reservoir
California Water Law & Policy Reporter, Volume 25, Number 9 -
Summer 2015The New Age of Water Regulation – Who Will Float To The Top?
San Francisco Attorney Magazine, Vol. 41, No. 2 -
April 2015U.S. Bureau of Reclamation Finds No Significant Impact for Trap and Haul Operation in Conjunction with San Joaquin River Settlement Agreement
California Water Law & Policy Reporter, Volume 25, Number 7 -
March 2015State Water Resources Control Board Partially Approves Temporary Changes to the State Water Project and Central Valley Project Water Rights Permits
California Water Law & Policy Reporter, Volume 25, Number 6 -
February 2015Ninth Circuit Upholds Biological Opinion Regarding Impacts of Central Valley Project and State Water Project Operations on Salmonid Species
California Water Law & Policy Reporter, Volume 25, Number 5 -
January 6, 2015AB 1739; SB 1168, 1319: Groundwater Management
New Laws - Supplement to Daily Journal -
December 19, 20142014 Saw A Wave of Environmental Law Changes
Daily Journal -
September 29, 2014A Brave New World of Water Regulation
San Francisco Daily Journal -
July 14, 2014Water Issues Reframe State Fracking Debate
San Francisco Daily Journal -
April 15, 2013When All You Have is a Hammer: Scientific Uncertainty and Bay-Delta Policy, 1995 to Present
ABA Natural Resources & Environment, Vol. 27, No. 4 -
February 2013United States-Mexico Agreement Represents Cooperative Approach to Address Water Allocation Issues on the Colorado River
Water Resources Committee Newsletter, American Bar Association Section of Environment, Energy, and Resources, Vol. 15, No. 1 -
December 2011Accelaration of Flood Damage Reduction Projects Concept
Water Law White Paper -
June 2011Shifting Landscape: California Wants to Expand the Territory Described as Wetlands
The Registry (San Francisco Real Estate Magazine) -
March 2011Wet Winter Won’t Stop Water Diversion Checks
California Farmer, Vol. 294, Issue 3, p9 -
Summer 2010The Public Trust Doctrine: New Frontiers for Sustainable Water Resources Management
ABA Natural Resources & Environment, Vol. 25, No. 1 -
January 2010The Looming Conflict Between Low Impact Development and the Water Rights System
ABA Trends, Vol. 41, Issue 3 -
October 1, 2006Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction
California Water Law & Policy Reporter -
April 2004Will New Flood Case Mean a Flood of Damages Paid to a Flood of Plaintiffs? Supreme Court Denies Review of Paterno Decision
California Water Law & Policy Reporter, Volume 14, Number 7 -
August 2003Reclamation Determines Beneficial Use of Water by California’s Imperial Irrigation District
The Water Resources Committee Newsletter -
January/February 2003Downey Brand’s 75 Years of Water Law Practice: A History of Forging the Future
Sacramento Lawyer -
January/February 2003Creating the Current in California Water Law: Downey Brand’s Kevin O’Brien
Sacramento Lawyer -
Winter/Spring 2002Don’t Forget the Water: A Water Due Diligence Primer for Real Property Transactions
California Real Property Journal, Vol. 20, No. 1-2 -
October 2000Property Rights Triumphant: Barstow v. Mojave Water Agency
California Water Law & Policy Reporter -
February 1999CalFed Issues Revised Phase II Report
California Water Law & Policy Reporter