A wrap-up of posts published on Maven’s Notebook this week …
Note to readers: Sign up for weekly email service and you will receive notification of this post on Friday mornings. Readers on daily email service can add weekly email service by updating their subscription preferences. Click here to sign up!
In California water news this week …
State Water Board implements new efficiency regulations
“Water agencies across California must implement efficiency changes after the state water board on Wednesday approved the Making Conservation a California Way of Life regulations. The new regulations, stemming from two bills passed in 2018, will affect some 400 water agencies in the state that together deliver water to 95% of Californians. Smaller water agencies and households aren’t affected by the regulations, though their effects are expected to trickle down. The intention of the regulations is fourfold: using water wisely, ending water waste, improving local drought defenses and improving efficiency and drought planning for agricultural water use. The rulemaking process began about a year ago. The new regulations become effective Jan. 1, 2025. … ” Read more from the Courthouse News Service.
Trees are casting shade on California’s climate-proofing
“Trees are stumping California’s efforts to prepare for drought. The State Water Resources Control Board has been trying to cut cities’ water use ever since the last drought 7 years ago — and trees have been tripping them up for almost as long. The root of the issue is that trees, which provide essential shade in urban settings, also need a lot of water. No place better illustrates the stakes than Sacramento, where trees are an established political constituency. The so-called City of Trees prides itself on its century-old oaks and sycamores, some 20 percent of which suffered damage or death during the last drought thanks to mandatory watering restrictions. That was a wake-up call for the region’s water agencies and arborists, said Amy Talbot, the water efficiency program manager for the Sacramento Regional Water Authority. … The water board’s vote today on long-term conservation rules for urban water agencies shows how the state is trying to thread the needle. … ” Read the full story at Politico.
The science behind California’s worsening heat waves, explained
“In the U.S., heat kills more people in an average year than other weather extremes — more than torrential floods, tornadoes and cold snaps. Though heat waves pose huge health risks, they have become routine in recent years. In June and July of 2022, temperatures soared across Western Europe, killing more than 2,000 people in Spain and Portugal. Highs in the United Kingdom exceeded 40 degrees Celsius, or about 104 degrees Fahrenheit, for the first time in recorded history. And heat waves are only getting worse. “Climate change is making heat waves more intense, more frequent, more persistent and spatially larger — just about any characteristic you could use to describe them,” said Daniel Swain, a climate scientist at UCLA and the Nature Conservancy. … ” Read more from the San Francisco Chronicle (gift article).
Laser, sonar technology finds this Northern California reservoir’s capacity has shrunk by 3%
“The state Department of Water Resources has started using laser and sonar technology to measure reservoir capacity, determining that Lake Oroville, the State Water Project’s largest reservoir, has shrunk since its creation in 1960. In 2021, the DWR used laser pulses mounted on an airplane to map parts of the basin’s terrain that were not underwater at the time due to historically low lake levels. Following that, in 2022, a boat sent sonar pulses into Lake Oroville to map the underwater terrain. Engineers calculated that the reservoir had 3% less capacity — over 100,000 acre-feet — than previously estimated. “You could even detect the old intact roadways and train tracks that were used during the dam’s construction in the ’60s,” said Tony Squellati, manager for the photogrammetry and computer mapping unit of DWR’s Division of Engineering-Geomatics, in a news release. … ” Read more from the Sacramento Bee. | Read via AOL News.
Court battle over Sinking Friant-Kern Canal grinds on
“A judge’s tentative ruling issued Tuesday, July 2, makes it clear landowners in the Eastern Tule Groundwater Sustainability Agency (GSA) are not legally obligated to pay the Friant Water Authority (FWA) a minimum of $200 million in fines for damage to the Friant-Kern Canal. FWA contends it’s owed the money to correct widespread damage to the Middle Reach of the Friant-Kern Canal caused by land sinking because of ongoing overpumping within the GSA. While the GSA must still pay for the damage its users are doing to the canal – as per a previous settlement – the judge declared that the 2020 agreement between the two agencies did not set a minimum payment. Eastern Tule declared the decision a win for water users along a corridor of east Tulare County stretching from Porterville south to Richgrove. “We don’t owe $200 million,” said Eastern Tule manager Rogelio Caudillo. “We owe up to $200 million based on overpumping.” The lawsuit, however, goes on. … ” Continue reading from Valley Voice.
Fourth District Court of Appeal holds the “Pay First, Litigate Later” rule applies to Sustainable Groundwater Management Act fee lawsuits, but does not reach significant questions of groundwater usage by overlying landowners
“In Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605, the Fourth District Court of Appeal held that the “pay first, litigate later” rule applies to fees imposed by a local groundwater sustainability agency under the Sustainable Groundwater Management Act (“SGMA”). (Wat. Code, § 10720 et seq.) This is the first case to determine such issue. As a result of the court’s decision, water users must pay the outstanding amounts owed before bringing a legal challenge against a groundwater sustainability agency for imposition of the fee, even if the challenged fee allegedly violates SGMA and California water law, and even if the water users allegedly cannot afford to pay the fee. … ” Read more from the Land Use Law blog.
$10-billion climate bond will go before voters in November
“California voters will get to decide in November if they want the state to borrow $10 billion to pay for climate and environmental projects — including some that were axed from the budget because of an unprecedented deficit. The 28-page bill to put the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024on the ballot was approved by both the Senate and Assembly late Wednesday. This was the last day lawmakers had to approve the climate bond proposal to get the measure on the Nov. 5 ballot. Senate President Pro Tem Mike McGuire (D-Healdsburg) was acting as governor Wednesday because Gov. Gavin Newsom was in Washington. McGuire is a supporter of the proposed climate bond and was expected to sign the legislation Wednesday night. … ” Read more from the LA Times.
Funding restored for Bay-Delta agreements
“The Budget Act of 2024, signed by Gov. Gavin Newsom over the weekend, includes the restoration of nearly $500 million for the Agreements to Support Healthy Rivers and Landscapes (Agreements), formerly known as the Voluntary Agreements. A previous budget bill had rescinded a significant portion of the funding, initiating a major advocacy push by ACWA, the Northern California Water Association, the State Water Contractors and more than 40 other organizations to maintain nearly all funding for the Agreements. … ” Read more from ACWA Water News.
Notice of immediate curtailment under standard water right Term 91
This notice is intended for water right holders whose Permit or License contains Standard Water Right Term 91 (Term 91). Holders of water rights containing Term 91 (Term 91 water right holders) are prohibited from diverting water within the Sacramento-San Joaquin River Delta (Delta) watershed under such rights when (i) the Delta is in “Balanced Condition” and (ii) Supplemental Project Water (SPW) releases are being made by the Central Valley Project (CVP) or State Water Project (collectively Projects). The State Water Resources Control Board (State Water Board), Division of Water Rights (Division) has determined that the Delta is in “Balanced Condition” and SPW releases are being made by the Projects. With this notice, the State Water Board is invoking Term 91 and ordering Term 91 water right holders to immediately stop diverting water under affected water rights. This condition of curtailment will continue until water conditions improve. … ” Read the full notice from the State Water Resources Control Board.
Landmark Supreme Court ruling in Chevron case could curb environmental protections in California
“A major ruling by the U.S. Supreme Court on Friday that weakened the ability of federal agencies to set rules on the environment, drug safety, consumer protections and other areas could impact California — from vehicle pollution standards to oil and gas drilling on public lands — even though California has its own state laws that are tougher than those in other states and the federal government. “The decision is an earthquake in U.S. law,” said attorney Michael Wara, director of Stanford University’s Climate and Energy Policy Program, “impacting every single thing, especially every new thing, that any federal agency might want to do to address new problems they are seeking to solve.” … ” Read more from the San Jose Mercury News (gift article).
In commentary this week …
California can help meet its climate goals by removing SERP’s sunset date
Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, and Megan Cleveland write, “Many regulatory clearances like permits aim to guard against projects that pose harm to the environment. However, permitting can also undercut environmental restoration efforts. While restoration is designed to remedy environmental harms and improve resilience to climate change, permitting can substantially increase project costs and slow or altogether impede environmentally beneficial projects. Striking an effective balance between an appropriate level of regulatory oversight and advancing environmental restoration will be essential to California’s climate efforts. For the past five years, the state’s pilot Statutory Exemption for Restoration Projects (SERP) has helped strike this balance to great effect. By removing SERP’s sunset date, California can support continued progress toward its conservation and restoration goals without introducing environmental risks that California Environmental Quality Act (CEQA) helps guard against. … ” Read more from Legal Planet.
In regional water news this week …
California Trout and partners release groundbreaking report to guide holistic Eel River watershed restoration and recovery
“A report released today outlines ambitious plans for the restoration and conservation of one of California’s largest and wildest rivers, the Eel River. The comprehensive report pulls together the best available scientific information to plan for native fish recovery, riparian corridor restoration, and conservation across the watershed. The Eel River Watershed Restoration and Conservation Plan is authored by nonprofit research and conservation organization California Trout (CalTrout), UC Berkeley, Applied River Sciences, and Stillwater Sciences. The effort is funded by the California Department of Fish and Wildlife. The Plan recommends key recovery actions and an action prioritization framework across the seven major sub-watersheds of the Eel River basin. The Plan also proposes a management approach that is informed by a monitoring and assessment framework, all of which is built from existing restoration and monitoring efforts. … ” Continue reading from Cal Trout.
Sacramento County stops delivering water to homeless as heat wave starts. Here’s why
“Sacramento County stopped delivering water to homeless camps Monday — the first day of an eight day stretch with forecast temperatures over 100 degrees. Alaytreya Gregory, 31, was surprised when the delivery didn’t show up Monday, when temperatures reached 103 degrees, at Camp Resolution in North Sacramento, where she lives in a city-issued trailer without air conditioning. She would go buy water at the store for her and her two dogs, she said, but her food stamps don’t get refilled until Wednesday. “I’m not really sure what to do,” said Gregory, who became homeless after her mother died. “I may go door to door and ask, but people tend to get mad about that. I don’t have any cash on hand right now.” … ” Read more from the Sacramento Bee.
With Sacramento’s robust water infrastructure, why are homeless residents still dying of thirst?
Megan Fidell, chair of the City of Sacramento’s Utility Rate-setting Advisory Commission, writes, “When a Sacramentan loses their home and is forced to live on the streets, they lose access to a safe and reliable water supply as well. Access to water is simply not an option. We can do better. Currently, under the official water delivery program for people who live outside in Sacramento, the county contracts with Safer Alternatives through Networking & Education (SANE), a non-profit, to deliver water to the unhoused. SANE has one van and two full-time staff to cover every homeless encampment in the county and city on a rotating basis. Everyday, two people load the van with pallets of plastic, one-gallon containers of water. Then they drive to the next camps in their rotation. … It would make a great deal more sense, however, for the city of Sacramento to use its wonderful engineered system to deliver water to people experiencing homelessness. … ” Read the full commentary at the Sacramento Bee.
Environmental group sues Navy and EPA over radioactive waste cleanup at San Francisco shipyard
“Greenaction for Health and Environmental Justice sued the U.S. Navy and the Environmental Protection Agency on Friday over what they claim is mismanagement of the cleanup of radioactive waste at Hunter’s Point Naval Shipyard in San Francisco. Hunter’s Point, in the city’s Bayview neighborhood, was operated by the Navy between 1945 and 1974. While under military operation, the site was home to radiation experiments from 1946 to 1969. Ships returning from hydrogen bomb tests were also decontaminated at the site, furthering the risk of radioactive contamination. Greenaction claims in its 59-page complaint that the Navy and the EPA violated the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Contingency Plan, and other violations because the EPA has failed to enforce its cleanup agreement of Hunter’s Point with California and the Navy. … ” Read more from the Courthouse News Service.
Monterey: A story about sewer billing is actually about something much more interesting.
“Sara Rubin here, thinking about how sometimes the most interesting stories can be found in the seemingly smallest things. Last year, when staff at Monterey One Water, the regional wastewater treatment and recycling facility in Marina, started talking about changing their billing methodology, my initial thought was: yawn. Unlike many utility bills, such as water and power that are based on consumption, wastewater is billed at a set rate (equivalent to $50.95/month per household). M1W currently spends about $285,000 per year paying for printing, postage and third-party billing services to send bills to each household every two months and collect those fees. The concept was that instead of billing every two months in this fashion, the agency could transition to billing in connection to property tax collection every six months, saving about $100,000 a year in costs. … ” Read more from M0nterey Now.
Kaweah’s new groundwater plan may be enough to negate state action, if they can see eye-to-eye on subsidence
“The state came to Tulare County and gave water managers in the Kaweah subbasin kudos for being proactive on their new plan to stop over pumping in the region. The head of the state Water Resources Control Board Joaquin Esquivel himself was there to praise the managers. “We are heartened by the coordination we see in the subbasin,” he said at a workshop held June 27 where Water Board staff explained the ins and outs of the subbasin’s upcoming probationary hearing before the Water Board on Jan. 7. Probation is the first step toward a potential state pumping take over. In fact, the state was so heartened by changes made in Kaweah’s new groundwater plan, it may negate the need for that Jan. 7 hearing entirely. “We may change our probationary recommendation if we see progress toward these deficiencies and acknowledge the positive momentum of the Kaweah agencies,” said Natalie Stork, Water Board engineer. But here’s the catch. … ” Read more from SJV Water.
Draining groundwater and pocketbooks in the Cuyama Valley
“It’s been nearly 10 years since the Sustainable Groundwater Management Act was signed into law in California, launching a historic effort to halt the headlong decline of the state’s most depleted underground water basins. The state law, dubbed “SGMA” and pronounced “Sigma,” triggered the formation of groundwater sustainability agencies that, in concert with their communities, developed schedules of mandatory pumping cutbacks to bring their basins back into balance by 2040, the deadline set by the state. That was the easy part. Now, the law has entered a period of reckoning. Water rights lawsuits have been filed in 10 regions, challenging both the cutback plans and the authority of the agencies that drew them up. Ground Zero in this courtroom battle is the Cuyama Valley, a vast, dry agricultural region east of Santa Maria, where the world’s largest carrot corporations are pitted against 30 much smaller farms, a few longtime cattle ranchers and a low-income community of more than 1,200 people. … ” Read more from the Santa Barbara Independent.
Settlement progress announced in Ventura’s water suit
“Parties seeking a settlement in the Ventura River Watershed Adjudication say they’re “encouraged” by progress made in the latest mediation session. Eleven major parties involved in the structured mediation process met in a joint session with mediator David Ceppos on May 22. In the 12th mediation session since Los An- geles Superior Court Judge William F. Highberger granted the first stay in the case more than two years ago, Ceppos met with representatives from 11 major parties, including the California Department of Fish and Wildlife, the State Water Resources Control Board, the city of Ventura, the city of Ojai, the East End Group and Casitas Municipal Water District. … ” Read more from the Ojai Valley News.
LAUSD is exempt from stormwater regulations. Environmentalists say that needs to change
“As California looks to improve its ability to capture and store stormwater throughout the state, there is at least one sizable public landowner that is exempt from such efforts: The Los Angeles Unified School District. One of the largest real estate holders in the Greater L.A. area, the school district owns more than 3,200 parcels of land that occupy more than 10 square miles combined — an area almost twice the size of Beverly Hills. Now, environmental groups are urging state water regulators to include the district’s K-12 campuses in updated stormwater regulations, saying that LAUSD could make a considerable contribution to reducing pollution and enhancing water supplies in the region. “Schools have been unregulated for runoff pollution for far too long,” a coalition of local groups wrote in a recent letter to the State Water Resources Control Board. The groups include the Los Angeles Waterkeeper, Heal the Bay, the Nature Conservancy, the Natural Resources Defense Council and others. … ” Read more from the LA Times. | Read via Yahoo News.
The San Diego County Water Authority punted on extraordinary rate increases
“After hours of debate, San Diego’s water importer (because the region has to buy most of its water from outside the county) decided to raise rates just a smidgen – and put off the doom-iest part of its proposed water price spike until next month.Why? Well, a lot of local water district representatives (there are 33) weren’t comfortable with how the city of San Diego (the region’s biggest and most powerful water buyer) wanted to try and stave off bigger rate increases. And the city, which has the power to ram through anything it wants, hit the pause button instead. … ” Read more from the Voice of San Diego.
Announcements, notices, and funding opportunities …
SITES RESERVOIR: State Water Board AHO issues procedural ruling in the proceeding on the proposed Sites Reservoir Project
NOTICE: Scott River: Flows Approaching Minimum Flow Requirement
YOUR INPUT WANTED: California Water Commission Public Engagement Survey
YOUR INPUT WANTED: Bureau of Reclamation seeks public comment on environmental assessment of proposed water conservation agreement
