News worth noting: Milestone conference brings Bay, Delta decisionmakers together on freshwater flows, Court of Appeal affirms State Board’s authority to determine both the existence and scope of claimed pre-1914 water rights and clarifies the legal standard for forfeiture; Drought collaboration video with Tuolumne Utilities District & PG&E

friends of the sf estuaryBay+Delta+Water: Better Together: Milestone Conference Brings Bay, Delta Decisionmakers Together on Freshwater Flows: “More than 200 elected officials, agency leaders and community advocates from the San Francisco Bay & Delta regions convened on September 24th in Antioch to discuss the role that fresh water plays in the San Francisco Bay-Delta Estuary. Presented by the Association of Bay Area Governments, Delta Counties Coalition, and Friends of the San Francisco Estuary, this half-day conference focused on collaboration among the 12 Bay Area and Delta counties as the key to help identify shared solutions to issues of freshwater flows and impacts on public health, ecosystems, recreation, and the economy.  In his keynote Congressman George Miller, who has a history of forty years of championing the health of the Bay-Delta Estuary, including the landmark Central Valley Project Improvement Act in 1992, set the stage: “We used to have a bar room brawl about water; I am encouraged by the collaboration that is taking place in this room between Bay and Delta elected officials. This is important.” He added that he was “cautiously optimistic” that the water wars of old are showing signs of more collaborative planning efforts. … ”  Continue reading here:  Final Press_ Release_Bay_Delta_Water_Better Together Conference 9 25 14 (2)

somach logoCourt of Appeal Affirms State Board’s Authority to Determine Both the Existence and Scope of Claimed Pre-1914 Water Rights and Clarifies the Legal Standard for Forfeiture:On September 11, 2014, the First District Court of Appeal issued its opinion in Millview County Water District, et al. v. State Water Resources Control Board, et al., No. A139481, 2014 Cal.App. LEXIS 825.  The opinion includes two noteworthy conclusions.  First, the Court held that the State Water Resources Control Board (State Board) has the authority to issue cease and desist orders to preclude unauthorized diversions under claimed pre-1914 appropriative water rights.  Second, the Court clarified that forfeiture of a water right requires both a five-year period of non-use of the right and the presence of a competing claim to the water. … ”  For more background and analysis from Somach Simmons & Dunn, go here:  Court of Appeal Affirms State Board’s Authority to Determine Both the Existence and Scope of Claimed Pre-1914 Water Rights and Clarifies the Legal Standard for Forfeiture

TUDDrought collaboration video with Tuolumne Utilities District & PG&E:Tuolumne Utilities District and Pacific Gas and Electric Company unite to highlight the collaboration that is needed during the drought in a video produced by PG&E, “Partnering during the Drought.” This two minute video filmed in July, on location at Lyons Reservoir, will be released this week in coordination with PG&E’s Corporate Responsibility and Sustainability Report. The video highlights how PG&E is effectively managing its hydroelectric resources during California’s drought―working to meet their customers’ energy needs through extensive planning, due diligence and engagement.  It features PG&E’s work with the Tuolumne Utilities District as an example of how they work closely with water agencies, first responders and regulatory agencies to help address drought impacts. This includes conserving water in reservoirs so clean, affordable hydropower will be available during peak demand periods. … ”  Continue reading here:  Drought collaboration video with Tuolumne Utilities District & PG&E

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