tag:blogger.com,1999:blog-46354837011698934092024-01-01T11:32:06.158-08:00KMTG NATURAL RESOURCES BLOGThe latest news and information from the natural resources practice group at Kronick Moskovitz Tiedemann & Girard.KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.comBlogger133125tag:blogger.com,1999:blog-4635483701169893409.post-33498763726362278642013-11-20T13:11:00.000-08:002013-11-20T13:11:26.971-08:00Department of Water Resources Announces 5% Initial Allocation for 2014<!--[if gte mso 9]>
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California's Department of Water Resources announced yesterday an initial 5%
allocation of requested deliveries of Table A water to State Water Project
contractors for 2014.
This initial allocation for the 2014 water year is a significant decrease
over last year's initial allocation of 30%, made in November 2012. With the low rainfall and KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-46269367792500058782013-11-15T11:16:00.000-08:002013-11-15T11:16:04.807-08:00California Department of Conservation Issues Notice of Proposed Regulations Regarding Hydraulic FracturingOn November 15, 2013 the California Department of Conservation issued notice of proposed regulations regarding the use of well stimulation in oil and gas production. Well stimulation is a short term and non-continual process designed to enhance oil and gas production or recovery, and includes hydraulic fracturing, which is sometimes referred to as "fracking." Hydraulic fracturing is the KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-14753593471458704422013-11-01T11:04:00.000-07:002013-11-01T11:16:41.788-07:00State Agencies Release Draft “California Water Action Plan”On October 31st the California Natural Resources Agency, the California Environmental Protection Agency and the California Department of Food and Agriculture released a detailed draft “California Water Action Plan.” A final form of the plan is expected to be released in early December.
In May, Governor Edmund G. Brown Jr. directed the agencies to identify key actions for the next one to KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-72885996224315801362013-10-15T12:01:00.000-07:002013-10-15T12:01:08.141-07:00Ninth Circuit Denies Petition for Rehearing of Area of Origin DecisionOn October 15, 2013, the Ninth Circuit Court of Appeals issued an order denying the Petition for Rehearing filed by Tehama-Colusa Canal Authority (“TCCA”), which requested rehearing or rehearing en banc of the Ninth Circuit’s opinion in the case of Tehama-Colusa Canal Authority v. U.S. Dept. of the Interior, et al., Case No. 11-17199.
In its July 1, 2013 opinion, the Ninth Circuit rejected KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-43602097054568171092013-09-26T14:16:00.002-07:002013-09-26T14:16:45.114-07:00KMTG Legal Alert: State Water Resources Control Board May Prevent Illegal Diversions Of Water, Even If Diverter Claims Riparian Or Pre-1914 Appropriative Water Right<!--[if gte mso 9]>
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mso-padding-alt:0in KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-19216068069955685522013-09-04T16:32:00.001-07:002013-09-04T16:32:31.373-07:00Update on Challenge to Reclamation's Supplemental Storage Releases from CVP's Lewiston DamFollowing a two day hearing, the U.S. District Court for the Eastern District of California on August 22, 2013, lifted a temporary restraining order (TRO) prohibiting excess releases of stored water into the Trinity River from the Central Valley Project’s Trinity River Division.
The TRO had been in place since August 12. In lifting the TRO and declining to issue a preliminary KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-64903328510792872852013-08-16T07:58:00.000-07:002013-08-16T09:19:23.970-07:00Court Extends Temporary Restraining Order Against Excess Storage Releases From CVP's Trinity River DivisionOn August 14, 2013, the U.S. District Court for the Eastern District of California extended a modified temporary restraining order (“TRO”) prohibiting excess releases of stored water into the Trinity River from the Central Valley Project's ("CVP") Trinity River Division.
Citing likely violations of the Central Valley Project Improvement Act's Trinity River Restoration Program Record of Decision KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-91072796560888148772013-08-13T17:22:00.000-07:002013-08-14T11:48:00.419-07:00Temporary Restraining Order Granted in Lawsuit Challenging the Bureau of Reclamation's Planned August and September 2013 Supplemental Releases from Lewiston DamOn August 13, 2013, the U.S. District Court for the Eastern District of California issued a temporary restraining order ("TRO") prohibiting the Bureau of Reclamation ("Reclamation") from releasing into the Trinity River up to 109,000 acre-feet of water from storage in the federal Central Valley Project's ("CVP") Trinity and Lewiston reservoirs between August 13 and September 30, 2013.
The TRO KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-12408312129650470572013-07-02T11:58:00.000-07:002013-07-02T11:58:50.166-07:00Ninth Circuit Rejects Claims to Area of Origin Priority by Tehama-Colusa Canal Authority On July 1, 2013, the Ninth Circuit Court of Appeals issued an opinion rejecting assertions by Tehama-Colusa Canal Authority (“TCCA”) that California area of origin law entitled its member districts to priority deliveries of Central Valley Project (“CVP”) water and that the Bureau of Reclamation (“Bureau”) acted in violation of law by delivering less than 100% of contract amounts during KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-89420866715505689902013-06-20T10:44:00.000-07:002013-06-20T10:44:31.022-07:00Seven Lawsuits Filed Challenging the Delta Stewardship Council’s Delta Plan and Environmental Review DocumentSeven lawsuits challenging the Delta Stewardship Council’s Delta Plan and final environmental document were filed by the June 17 deadline. The groups challenging the Council’s actions represent a range of interests: export contractors, environmental and fishing industry groups, a city, and in-Delta residents. Links to the parties’ complaints and/or petitions are provided here:
KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-2330764587281996102013-05-21T16:38:00.002-07:002013-05-21T16:39:25.569-07:00Show me the Water! Presentation
Join KMTG water law attorney Eric Robinson and adjunct
professor Jennifer Harder at their upcoming presentation, "Show Me The Water! SB
610, CEQA & SB 221 Compliance Strategies for Development Projects &
Urban Planning," sponsored by the Association of Environmental Professionals
(AEP).
The presentation is on Tuesday, June 25, 2013 from 8:00 a.m. toKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-64423596766147222092013-05-17T17:48:00.001-07:002013-05-17T17:48:59.815-07:00Delta Stewardship Council Adopts Delta Plan And Proposed Implementing RegulationsOn Thursday, May 16th, the Delta Stewardship Council adopted the final Delta Plan and the proposed regulations for the implementation of the Delta Plan, and certified the final Programmatic Environmental Impact Report for the Delta Plan. The Delta Stewardship Council is an independent agency established under the Sacramento-San Joaquin Delta Reform Act Of 2009 (Water Code, § 85000 et seq.). The KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-45180157022648964712013-04-04T15:11:00.000-07:002013-04-04T15:11:39.870-07:00Report Shows State's Significant Exposure To Flood RiskOn April 3, 2013, the California Department of Water Resources (DWR) and the U.S. Army Corps of Engineers released the public draft of California's Flood Future: Recommendations for Managing the State's Flood Risk. The draft report finds that $580 billion in assets are exposed to flood risk throughout the state, and 7 million Californians live in a floodplain. The report finds California is KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-61983771490889575902013-03-22T16:16:00.001-07:002013-03-22T16:16:58.048-07:00State Water Project Allocation Reduced 5 Percent The State Water Contractors issued a press release announcing that the
California
Department
of Water
Resources
(DWR)
has reduced this year's expected water
allocations
from
the
State
Water
Project from 40% down to 35% as a result of a record
dry January and
February,
coupled
with a
grim outlook
for rain conditions in
March,
and pumping
restrictions
that
were
KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-58145773781882319372013-03-22T13:29:00.000-07:002013-03-22T13:29:18.640-07:00Bureau of Reclamation Reduces 2013 CVP Allocations by 5 Percent
The U.S. Bureau of Reclamation today decreased the Water Year 2013 water supply allocations for the Central Valley Project, citing the extremely dry conditions
in California. Reclamation's announcement is quoted below:
Following a wet start to the water year in November and December 2012, the
January – March period is tracking to be the driest on record, resulting in a
criticalKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-87664451901062006262013-03-14T10:47:00.000-07:002013-03-14T10:47:02.194-07:00Brown Administration Releases First Four Of Twelve Chapters of Bay Delta Conservation Plan
Today the administration of California Governor Edmund G. Brown Jr. released the first four of 12 chapters of the Bay Delta Conservation Plan (BDCP). The four chapters released today include:
Introduction: background, planning goals, regulatory context, a description of the scope of the plan, overview of the planning process, and details of how the plan is organized.
Existing Ecological KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-18241263910244346662013-03-13T17:58:00.003-07:002013-03-13T17:58:50.488-07:00Governor Announces Appointments To State Water Resources Control BoardGovernor Brown today made the following anouncements with respect to the State Water Resources Control Board:Tam Doduc, 46, of Sacramento, has been appointed to the State Water Resources Control Board, where she has served since 2005. Doduc has held multiple positions at the California Environmental Protection Agency since 2000, including deputy secretary for environmental quality,KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-18656655130298545992013-03-13T17:52:00.001-07:002013-03-13T17:52:14.686-07:00Governor Appoints Retired Judge Frank C. Damrell To Delta Stewardship Council
Governor
Jerry Brown has appointment retired federal district court
judge Frank C. Damrell Jr. to the Delta Stewardship Council. Damrell will fill
the seat previously held by Felicia Marcus, who was appointed to the State Water
Resources Control Board last fall. The Delta Stewardship Council issued a statement quoting Council Chair Phil Isenberg as stating: “Judge
Damrell KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-43212933525719796532013-03-01T16:22:00.000-08:002013-03-01T16:22:44.677-08:00February Snow Survey Shows Snowpack At 66% Of AverageOn February 28, 2013, the Department of Water Resources ("DWR") issued a news release regarding the third 2013 snow survey. The results of the snow survey show that snowpack water content is only 66 percent of average for this time of year, and only 57 percent of the average April 1st levels, when snowpack is normally at its peak. In comparison, the first 2013 survey performed onKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-45016643943125339452013-01-09T18:10:00.002-08:002013-01-09T18:14:20.558-08:00Yuba County Water Agency Files Federal Lawsuit Challenging New BiOp on Yuba RiverAn earlier post on this blog reported that Yuba County Water Agency ("YCWA") had sent a 60-day notice of intent to sue to several federal agencies regarding their issuance and adoption of a biological opinion significantly affecting the future operations of Daguerre Point and Englebright Dams on the Yuba River. Today YCWA made good on its threat by filing suit in federalKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-53335591372232135632012-12-27T13:26:00.001-08:002012-12-27T13:26:40.295-08:00Siskiyou Superior Court Rules that the Act of Diverting Water is Not Subject to Regulation Under California Fish and Game Code section 1602On December 24, 2012, the Siskiyou Superior Court issued its decision in Siskiyou County Farm Bureau v. California Department of Fish and Game, Case No. SC SC CV 11-00418. In the decision, the court finds that the Legislature did not intend to include the act of diverting water pursuant to a water right to be within the regulatory scope of Water Code section 1602, and enjoins the CaliforniaKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-11013857360246299162012-12-27T11:52:00.003-08:002012-12-27T11:52:57.188-08:00DWR Increases 2013 State Water Project Allocation to 40 PercentThe California Department of Water Resources (DWR), which had previously announced an initial State Water Project (SWP) contract allocation of 30 percent on November 29, 2012, increased that allocation on December 21, 2012 to 40 percent.Early season storms have been identified as responsible for the increase in DWR’s water delivery estimate. These early season storms have replenished reservoirs KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-49870485017262975862012-12-12T08:51:00.000-08:002012-12-12T08:51:51.758-08:00Reminder: KMTG Will Host Presentation By Delta Watermaster This FridayOn Friday, December 14, from 12 p.m. to 1 p.m. (pacific time), Kronick Moskovitz Tiedemann & Girard (KMTG) will be hosting a brown-bag lunch MCLE event, entitled "What is the Delta Watermaster's Role in Addressing California's Water Issues? Learn the Answers from the Delta Watermaster Himself, Craig Wilson."
In 2009, the California State Legislature passed major water reform legislation. KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-79886032478453581782012-11-30T09:56:00.005-08:002012-11-30T15:34:38.156-08:00Department of Water Resources Announces Initial SWP Allocation for 2013The California Department of Water Resources has announced an initial allocation of 30 percent of requested deliveries to State Water Project contractors in calendar year 2013. This is not the final SWP allocation and it is almost certain to increase. In fact, DWR's initial allocation – or water delivery estimate – is always conservative because it is made early in theKMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0tag:blogger.com,1999:blog-4635483701169893409.post-91837909963414808072012-11-20T13:30:00.002-08:002012-11-20T13:30:51.195-08:00"Pattern and Practice" Lawsuit Challenges State’s CEQA Compliance in Permitting FrackingThe oil and gas industry’s increased use of hydraulic fracturing or “fracking” continues to gain attention in California. Several non-profit organizations recently filed a lawsuit against the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) seeking declaratory relief that the Department is violating the California Environmental Quality Act (“KMTG Bloghttp://www.blogger.com/profile/11492185628790609196noreply@blogger.com0