Water

Please see the following legal alerts pertaining to KMTG's water law practice.

October 25, 2012
Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

January 9, 2012
Frost Protection Water Use in Russian River Watershed, Even by Groundwater Pumpers, Now Conditional on SWRCB Approval of a Water Demand Management Program

September 26, 2011
Water District’s New Rate Structure Failed To Comply With Requirements Of Proposition 218

August 4, 2011
District Court Rejects Claims to Area of Origin Priority by Tehama-Colusa Canal Authority

February 7, 2011
Landowners Can Sue For Loss Of Property Value Due To Listing Of Stream As "Impaired Water Body" Under Clean Water Act

October 18, 2010
Court Upholds Urban Water Agency’s Supply Projections Despite Uncertainties Arising From Listed Species And Environmental Regulations

December 27, 2009
UPDATE: Minimum Charge Imposed On Parcels of Land Connected To Water Or Sewer Service Regardless Of Actual Use Does Not Require Ballot Approval By Affected Owners

November 5, 2009
The Governor Signs Into Law Sweeping Revamp of California Water Management

October 8, 2009
Federal Appellate Decision Finds Federal Government Breached Water Supply Contracts with California Water Agencies

June 19, 2009
Entire Development Project Is Within Army Corps Of Engineers’ Purview If The Project’s Viability Is Dependent On The Issuance Of A Clean Water Act Permit

March 4, 2009
License Holder’s Due Process Rights Were Not Violated By Attorney Prosecuting Matter Before State Board And Simultaneously Serving As An Advisor To That Board In An Unrelated Matter

November 21, 2008
Mitigation Measures, Which Included Provision For Quarry Owner To Provide Bottled Or Potable Water To Neighbors Affected By Quarry Project, Were Inadequate Under The California Environmental Quality Act

November 20, 2008
Court of Appeal Upholds Water Supply Assessment Against Challenge to Groundwater Supply Sufficiency

June 13, 2008
Water Transfers Not Subject to NPDES Permit Requirement

April 18, 2008
Court of Appeal Clarifies Water Supply Assessment Role in California Environmental Quality Act Process for Land Development Projects

April 7, 2008
Prevailing Lead Agencies In CEQA Litigation May Recover Their Administrative Record Costs Even If The Plaintiff Prepared The Administrative Record, If The Plaintiff Did Not Try To Conserve Costs

January 8, 2008
County Board Of Supervisors Erred When It Certified An Environmental Impact Report That Failed To Adequately Analyze A Possible Land Exchange With The Federal Bureau Of Land Management As An Alternative To A Proposed Subdivision Project

January 4, 2008
Community Development Director Lacks Authority To Approve A Project For Purposes Of The California Environmental Quality Act

November 1, 2007
Project Neighbors Can Recover CEQA Attorney's Fees Directly From Developers

November 1, 2007
Court Rules That Road Realignment Is Part Of Retail Project

September 13, 2007
Outdoor Advertising Company Did Not Have Standing Under The California Environmental Quality Act To Compel Environmental Review Of A Zoning Amendment Where The Challenge To The Amendment Was Designed To Promote Its Commercial Or Competitive Interests

August 13, 2007
Attorney General Opinion: A Conservation Easement Is Not A Subdivision And Not Subject To The Requirements Of The Subdivision Map Act

June 5, 2007
Local Agency, Not Caltrans, Is Responsible For Calculating And Imposing Fees For Projects That Impact The State Highway System

May 10, 2007
City Could Not Enter Into A Municipal Services Agreement With An Indian Tribe Concerning Future Construction Of A Casino Without Complying With California Environmental Quality Act

May 1, 2007
California Court Of Appeal Rejects Challenge To City’s Approval Of Mitigated Negative Declaration For Project Involving Rehabilitation Of Alameda Theatre And Construction Of Associated Cineplex And Parking Garage

April 17, 2007
Project That Violated City’s Conditions When Built Does Not Violate California Environmental Quality Act If Conditions Are Later Changed

March 20, 2007
State Courts Confirm Role For Early Project-related Approvals That Precede CEQA Review

March 1, 2007
Court Highlights Importance Of Technical Analysis In Upholding Negative Declaration Against Allegations Of Inadequate Groundwater Supplies For Monterey County Housing Project

February 23, 2007
Ninth Circuit Court of Appeals Provides Guidance On Authorizing Incidental Take of Species Protected Under The Endangered Species Act

February 12, 2007
City Violated California Environmental Quality Act By Approving Wal-Mart Supercenter Proposal For Phase Two Of A Two-Part Project Without Requiring Supplemental Environmental Review

February 2, 2007
Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies

January 19, 2007
Appellate Court Rules State Water Resources Control Board’s Annual Water Right Fees Unconstitutional, Orders Potential Rebate

July 5, 2006
Takings Claim Ripe For Adjudication Because County’s Denial Of Landowner’s Application To Subdivide Was A Final Decision Limiting Use Of Property