Update: Kronick Moskovitz to Present Webinar on Hydraulic Fracturing in California

We recently announced that Kronick Moskovitz Tiedemann & Girard will present a webinar on hydraulic fracturing in California on February 3, 2012. Updated details regarding the webinar, including registration instructions, are provided below.

Hydraulic Fracturing & Permitting –

What You Need to Know About "Fracking" and What's At Stake in California

Friday, February 3, 2012, 12 p.m. - 1 p.m. Pacific Time.

1 Total Participatory MCLE Credits (No Ethics)

The practice of hydraulic fracturing, or "fracking," has dominated the environmental media landscape recently and with good reason: myths and misinformation abound, media reports fan the flames, and new regulations have been enacted and proposed. What does it all mean?

Join the Environmental Law Section and the Natural Resources subsection of the Real Property Section for a nuts-and-bolts presentation on the practice of hydraulic fracturing and what's at stake in California. Although hydraulic fracturing has been in use throughout the oil and gas industry for more than 60 years, recent documentaries and news reports have brought heightened scrutiny to the practice. Hydraulic fracturing has been regulated in various jurisdictions, particularly with respect to disclosure requirements, and further regulation is being contemplated in California and elsewhere.

At this webinar, James Pierce of the California Department of Conservation, which serves as legal counsel to the Division of Oil, Gas & Geothermal Resources, and Tupper Hull, Vice President of the Western States Petroleum Association, will provide information on the basics of hydrauliic fracturing, related environmental and land use issues, and regulatory and legislative efforts being undertaken at the State and Federal levels to address issues in response to the use of hydraulic fracturing in oil and gas exploration. The webinar will be moderated by Eric Adair of Kronick Moskovitz Tiedemann & Girard.

The in-person option of this seminar will be hosted at Kronick Moskovitz Tiedemann & Girard (400 Capitol Mall, 27th Floor, Sacramento, CA 95814 (map)). To attend in-person, please email Lindsey Ono at Lono@kmtg.com.

To register for the webinar, see Hydraulic Fracturing & Permitting - What You Need to Know about "Fracking" and What's at Stake in California or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.

For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.

Court Approves Stipulation Regarding CVP and SWP Operations in 2012

We recently reported that the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposed modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012.

Today, the parties received notice that the Court has approved the stipulation, and adopted it as an order of the Court. A copy of the signed order may be found here.

For more information regarding this matter, please contact Rebecca R. Akroyd or K. Eric Adair, or the KMTG attorney with whom you normally consult.

Related story:

• Parties in Salmon Litigation File Stipulation Regarding CVP and SWP Operations in 2012

Central Valley Flood Protection Board Receives Public Draft 2012 Central Valley Flood Protection Plan

On December 30, 2011, the Central Valley Flood Protection Board (Board) received the Public Draft 2012 Central Valley Flood Protection Plan (CVFPP) and the December 2011 Flood Control System Status Report (FCSSR) from the California Department of Water Resources (DWR). Links to the draft plan and associated documents may be found here.

DWR will present and highlight key elements of the CVFPP to the Board at its regularly scheduled meeting on January 27, 2012, when the Board will describe its process for reviewing the technical documents and accepting public comments. The meeting agenda and meeting details may be found here. California Water Code requires DWR to prepare the CVFPP and transmit it to the Board no later than January 1, 2012 for adoption on or about July 1, 2012. The law requires the CVFPP to be updated every five years.

The Board invites public comments in writing. Comments may be submitted to the Board by e-mail (to nmoricz@water.ca.gov) or by mail:

Ms. Nancy Moricz
Central Valley Flood Protection Board
3310 El Camino Avenue, Room 151
Sacramento, CA 95821

The Board will meet again on February 24, 2012, when the public will be invited to make recommendations for where the Board should focus its review of the CVFPP prior to adoption.

For more information regarding this topic, please contact Hanspeter Walter from our office, or the KMTG attorney with whom you normally consult.

Parties in Salmon Litigation File Stipulation Regarding CVP and SWP Operations in 2012

On January 12, 2012, the National Marine Fisheries Service (NMFS), the California Department of Water Resources (DWR), and public water agencies filed a stipulation with the United States Eastern District Court that proposes modified Central Valley Project (CVP) and State Water Project (SWP) operations for the period of April 1 to May 31, 2012.

The stipulation describes the state and federal agencies' agreement to install a seasonal rock barrier at the head of Old River, near Lathrop, designed to keep salmonids from entering Old River, in the direction of the export pumps. The stipulation also includes more flexible guidelines governing permissible flows in Old and Middle Rivers and an increased commitment to acoustic tagging of listed fish to gather information on migratory patterns.

The parties filed the Joint Stipulation Regarding CVP and SWP Operations in 2012 (available here) in the Consolidated Salmonid Cases, Case No. 1:09-cv-1053, the case challenging the biological opinion that governs long-term operations of the CVP and SWP. In September 2011, the district court issued a memorandum decision finding the so-called 2009 Salmonid BiOp and its Reasonable and Prudent Alternative (RPA) arbitrary, capricious, and unlawful. A later order by the court indicated that parties to the case could present stipulations on project operations in 2012.

Because the judgment entered in the Consolidated Salmonid Cases remanded the 2009 Salmonid BiOp and RPA, without vacatur, it had the effect of leaving RPA actions in place, notwithstanding the court's finding that they were unlawful. Had the parties not agreed on modified operations for April 1 to May 31 of this year, RPA Action IV.2.1, which sets a San Joaquin River inflow-to-export ratio requirement for the same period, would likely have severely restricted CVP and SWP operations.

Concurrent with a press release announcing the stipulation (available here), NMFS also made public its "Summary of the Expected Benefits to Salmonid Survival of a Rock Barrier at the Head of Old River & Preferential Use of the Central Valley Project Export Facility" (available here). The summary describes the expected benefits of placing a rock barrier at the head of Old River, as well as an explanation of the adaptive range of Old and Middle River flows included in the plan for 2012 operations and the rationale for preferential diversion of water through the CVP facility rather than the SWP facility.

For more information regarding this matter, please contact Rebecca R. Akroyd or K. Eric Adair, or the KMTG attorney with whom you normally consult.

Related story:

• Court Finds 2009 Salmonid Biological Opinion Arbitrary and Capricious and Remands to National Marine Fisheries Services

Kronick Moskovitz to Present Webinar on Hydraulic Fracturing in California

Hydraulic Fracturing & Permitting –

What You Need to Know About "Fracking" and What's At Stake in California

Friday, February 3, 2012, 12 p.m. - 1 p.m. Pacific Time.

1 Total Participatory MCLE Credits (No Ethics)

The practice of hydraulic fracturing, or "fracking," has dominated the environmental media landscape recently and with good reason: myths and misinformation abound, media reports fan the flames, and new regulations have been enacted and proposed. What does it all mean?

Join the Environmental Law Section and the Natural Resources subsection of the Real Property Section for a nuts-and-bolts presentation on the practice of hydraulic fracturing and what's at stake in California. Although hydraulic fracturing has been in use throughout the oil and gas industry for more than 60 years, recent documentaries and news reports have brought heightened scrutiny to the practice. Hydraulic fracturing has been regulated in various jurisdictions, particularly with respect to disclosure requirements, and further regulation is being contemplated in California and elsewhere. At this webinar, James Pierce of the California Department of Conservation, which serves as legal counsel to the Division of Oil, Gas & Geothermal Resources, and Tupper Hull, Vice President of the Western States Petroleum Association, will provide information on the basics of hydraulic fracturing, related environmental and land use issues, and regulatory and legislative efforts being undertaken at the State and Federal levels to address issues in response to the use of hydraulic fracturing in oil and gas exploration. The webinar will be moderated by Eric  Adair of Kronick Moskovitz Tiedemann & Girard.

This program will be hosted at Kronick Moskovitz Tiedemann & Girard (400 Capitol Mall, 27th Floor, Sacramento, CA 95814 (map)). To attend in-person, please email Lindsey Ono at Lono@kmtg.com.

For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.

Delta Stewardship Council to Conduct Field Hearings on Draft Environmental Impact Report for Delta Plan

The draft Environmental Impact Report ("EIR") for the Delta Plan will be the subject of a series of field hearings to be conducted throughout the state beginning January 11. The purpose of the hearings is to seek public input on the draft EIR, which is available for comment through February 2, 2012. The schedule for the hearings is as follows:

San Diego - Wednesday, January 11, 2012, 6 p.m.
Valencia Park/Malcolm X Library, Multipurpose Room
5148 Market Street, San Diego, CA 92114 (map)

Southern California - Thursday, January 12, 2012, 6 p.m.
Pasadena Public Library, Central Location, Donald R. Wright Auditorium
285 East Walnut Street, Pasadena, CA 91101 (map)

Central California - Tuesday, January 17, 2012, 6 p.m.
Ceres Community Center, Large Assembly Room
2701 4th Street, Ceres, CA 95307 (map)

Delta - Wednesday, January 18, 2012, 6 p.m.
Clarksburg Middle School Auditorium
52870 Netherlands Road, Clarksburg, CA 95612 (map)

Northern California - Thursday, January 19, 2012, 6 p.m.
Willows City Council Chambers
201 North Lassen Street | Willows, CA 95988 (map)

Additional information regarding the field hearings may be found on the meeting flyer and the meeting notice.

Comments on the draft EIR may also be submitted electronically via the Delta Council’s website or by email at eircomments@deltacouncil.ca.gov. Comments may also be mailed to:

EIR Comments
Delta Stewardship Council
980 Ninth Street, Suite 1500
Sacramento, CA 95814

For more information regarding this matter, please contact Eric Adair or the KMTG attorney with whom you normally consult.

Related stories:

• Delta Stewardship Council Releases Draft Environmental Impact Report for Delta Plan
• Delta Stewardship Council to Release Draft Environmental Impact Report for the Delta Plan on November 4
• Delta Stewardship Council to Discuss Delta Plan on August 26
• Delta Stewardship Council Releases Draft Version of Delta Plan

Federal Court Rules State "Area of Origin" Laws Do Not Require Bureau of Reclamation to Preferentially Deliver Water to the Sacramento Valley

KMTG attorney Hanspeter Walter recently published an article in the California Water Law and Policy Reporter discussing a 2011 federal court decision, Tehama Colusa Canal Authority v. U.S. Department of the Interior, which interpreted California's "Area of Origin" laws. A copy of Mr. Walter's article may be found here.

If you have any questions concerning this topic, please contact Hanspeter Walter from our office, or the KMTG attorney with whom you normally consult.

Related stories:

• Tehama-Colusa Canal Authority Appeals Area of Origin Decision
• KMTG Legal Alert: Sacramento Valley Farmers Have No Prior Right To Central Valley Project Water Under Area Of Origin Laws
• District Court Rejects Claims to Area of Origin Priority by Tehama-Colusa Canal Authority

KMTG Legal Alert: Frost Protection Water Use in Russian River Watershed, Even by Groundwater Pumpers, Now Conditional on SWRCB Approval of a Water Demand Management Program

On December 29, 2011, the California Office of Administrative Law approved the addition of a Frost Control Regulation (“Regulation”), effective immediately, requiring that diversion of water from the Russian River stream system for the purposes of frost protection between March 15 and May 15, is conditional on prior approval by the State Water Resources Control Board ("SWRCB") of a detailed Water Demand Management Program ("WDMP"). Only diversions upstream of Warm Springs Dam in Sonoma County or Coyote Dam in Mendocino County are exempt from the WDMP requirements. The Regulation is available here.

The SWRCB developed the Regulation to protect salmonids from the threat of stranding that could occur when stream flows and depths decrease rapidly due to high instantaneous demand for water for frost protection during a frost. The Regulation aims to avoid stranding mortality by requiring vineyard owners to manage their diversions to coordinate and reduce instantaneous demand.

For a detailed discussion of the Regulation, please see the full KMTG Legal Alert here.

If you have any questions concerning this topic, please contact Janet K. Goldsmith or Rebecca R. Akroyd from our office, or the KMTG attorney with whom you normally consult.