WEEKLY WATER NEWS DIGEST for May 15-20: SGMA Implementation update: State Water Board prepares for intervention; Ag titan water feud in Kern County; Hurtado calls for a crackdown on water profiteering; and all the water news of the week

A wrap-up of posts published on Maven’s Notebook this week …

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This week’s featured articles …

SGMA IMPLEMENTATION UPDATE: With the deadline looming for the GSPs deemed incomplete, the State Water Board prepares for possible intervention

In January of 2022, the Department of Water Resources (DWR) released their assessments of the groundwater sustainability plans for the critically overdrafted groundwater basins, approving eight of them and determining twelve to be incomplete.  Those basins have until July 31, 2022 to correct the deficiencies and resubmit their plans to DWR or face possible intervention by the State Water Resources Control Board.

At the May 10 meeting of the State Water Board, James Nachbaur and Anthony Wohletz from the State Water Board’s Office of Research, Planning, and Performance, and Paul Gosselin, Deputy Director of Sustainable Groundwater Management, updated the Board members on the status of SGMA implementation and the what the possible future role of State Water Board’s intervention would look like.

Click here to read this article.

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In California water news this week …

Accusations continue to fly between two valley ag titans in water feud

The ongoing water feud between two of Kings County’s biggest farming entities recently spilled into Kern County and up to Sacramento with allegations on both sides of misuse of water and other public resources.  In a May 12 letter, the Southwest Kings Groundwater Sustainability Agency complains that the J.G. Boswell Company has been pumping and storing massive amounts of groundwater for irrigation in a shallow basin, subjecting it to extreme evaporation and contributing to the area’s already significant subsidence problems.  The Southwest Kings GSA is chaired by John Vidovich, who runs Sandridge Partners, which owns hundreds of thousands throughout the San Joaquin Valley. Vidovich has long been at odds with Boswell over water. … ”  Read more from SJV Water here: Accusations continue to fly between two valley ag titans in water feud

Hurtado calls for a crackdown on water profiteering

On Wednesday, State Senator Melissa Hurtado, D-Sanger joined her colleague, Democratic State Senator Dave Cortese in sending a letter to United States Attorney General Merrick Garland requesting an investigation into possible drought profiteering and water rights abuses in the Western states.  The Senators said they’re concerned about the increasing amount of water rights being purchased by hedge funds, their potential anti-competitive practices and the devastating impact that could have on water security.  “Not only do hedge funds and other monopolistic entities trade water as an interstate commodity, they do so at the expense of state and federal policy,” the letter states. “But beyond drought alone, these monopolies no longer even pretend to honor beneficial use doctrines which have historically tied water use to riparian and overlying property owners here in the West. … ”  Read more from the Porterville Recorder here: Hurtado calls for a crackdown on water profiteering

Farmers across state face new water cuts

With 60% of the state now in extreme drought conditions, state officials are warning water-right holders that they should expect more curtailments during peak irrigation season in June and July.  In a statement last week, the state Division of Water Rights said “curtailments are expected to increase progressively through the spring and summer and continue through the early fall until significant precipitation occurs.”  The warnings of curtailments could also include senior water-right holders. “Accordingly, water-right holders and claimants should plan for reduced supplies even if your water right or claim is not currently curtailed,” the Division of Water Rights said. ... ”  Read more from Ag Alert here: Farmers across state face new water cuts

At Los Angeles County water recycling facility, Governor Newsom highlights state and local action to combat drought

Today, Governor Gavin Newsom visited a Metropolitan Water District of Southern California water recycling facility to discuss the administration’s response to the ongoing megadrought affecting the western United States. January through March were the driest first three months in the state’s recorded history, the state’s largest reservoirs are currently at half of their historical averages, and the state’s snowpack is just 17 percent of average. Governor Newsom called on local water agencies and Californians to step up and take action to conserve water.  “California will need to use every tool in its toolbox to safeguard our communities, businesses and ecosystems from the severe, climate-driven drought being felt throughout the West,” said Governor Newsom. “The state is taking urgent action to tackle drought impacts, drive water savings, and empower local water agencies to step up conservation measures across the state. All of us must take aggressive action to meet these challenges head-on while we work to build a climate-resilient water system.” … ”  Read more of this press release from the Office of the Governor here: At Los Angeles County water recycling facility, Governor Newsom highlights state and local action to combat drought

State Water Board releases draft emergency water conservation regulation

With intensifying drought causing the driest first quarter of the year in a century, the State Water Resources Control Board released an updated proposed emergency water conservation regulation today in response to the water conservation directives in Governor Newsom’s March 28 Executive Order. If the proposed regulation is adopted by the board on May 24, it would contribute to water savings starting in June.  “We know there is untapped potential for greater water savings across the state,” said Eileen Sobeck, executive director of the State Water Board. “Conservation is the quickest and least expensive way to stretch water supplies. This regulation empowers water systems and local authorities to respond more forcefully to the impacts of drought. There is no time for complacency; the severity of this new normal makes it imperative that all Californians save water in every way we can.” ... ”  Continue reading this press release via Maven’s Notebook here: State Water Board releases draft emergency water conservation regulation

Sites Reservoir: Does drought-prone California need another reservoir?

The Antelope Valley’s sweeping northern California pastures, dotted with cows and encircled by the gentle hills of the Coast Range, spread out about 50 miles north of Lake Berryessa, in Napa County. In five years’ time, if current plans become reality, the cows and grass would be replaced by a reservoir holding up to 1.5 million acre-feet of Sacramento River water. Antelope Valley’s new lake would look much like Lake Berryessa.  The construction of this new reservoir, named for the tiny town of Sites in Colusa County, came closer to reality last month. Combined with the expansion plans for two additional northern and central California reservoirs, this new storage could mean additional water to soften the sharp edges of megadroughts like the one now threatening farms, cities and the environment. … ”  Read more from & the West here: Does drought-prone California need another reservoir?

Metropolitan Water District votes to participate in voluntary agreements in California

Dan Bacher writes, “On May 9, the board of the Metropolitan Water District (MWD), the largest water wholesaler in Southern California, voted to participate in what environmental justice and fish advocates describe as the “environmentally destructive” Voluntary Agreements (VA’s) currently being promoted by agribusiness and the Newsom Administration.  “These agreements are a work around to regulations that would prevent water agencies from diverting more water from the already strained San Francisco Bay-Delta,” according to a statement from the Sierra Club. “The vote was nearly unanimous and followed multiple heated discussions between board members and a biased panel conversation which included 3 pro-VA viewpoints and only one dissenting viewpoint.” … ”  Read more from the Daily Kos here:  Metropolitan Water District votes to participate in Big Ag-backed voluntary agreements in California

PPIC policy brief: Tracking where water goes in a changing Sacramento–San Joaquin Delta

The Sacramento–San Joaquin Delta and its watershed supply water to cities and farms across much of California; they also support commercial and recreational fisheries and provide vital habitat for many endangered native fishes and other aquatic species. During dry periods, most of the outflow from the Delta into San Francisco Bay is required to keep the Delta fresh enough for agricultural and urban uses, while during wet periods, most outflow is runoff that is too great to be captured and used. The climate in the watershed is changing: the past two decades have seen record warmth, making droughts more intense, with higher evaporation and declining snowpack. Water use upstream of the Delta appears to be rising, resulting in less inflow to the Delta. To address declining ecosystem health, regulations have also been changing, leading to higher outflows and lower water exports to other regions. These changes have not stopped the decline in native species. To better cope with more intense droughts, management of the Delta and its watershed would benefit from a suite of improvements in water use tracking and oversight, updates in water flow and quality regulations, and cost-effective investments to store more water in wet years. … ”  Read more from the PPIC here:  PPIC policy brief: Policy brief: tracking where water goes in a changing Sacramento–San Joaquin Delta 

RELATED: Four strategies for managing California’s crucial watershed, commentary at Cal Matters

The Big Gulp 🌾💧🚜  You’ve got to flood it to save it

Nature is the biggest carbon storage game around. It’s just barely funded: only 1% of climate finance goes toward natural climate sinks like forests and wetlands, reports the UN Environment Programme. Funders prefer cutting emissions from factories, tailpipes, and power plants, or machines that pull CO2 out of the air, a sector known as carbon capture and storage.  All are essential. But the world will not reach net-zero emissions, or stabilize the climate, without more plants.  …  So, this week, we’ll explore peat. These rich organic soils—essentially the compressed watery remains of millennia of marsh plants—have been burned, drained, and ignored.  What if we regrew them instead?  Our reporter Katherine Ellison, who shared a 1985 Pulitzer Prize for her work at the San Jose Mercury News, ventured to the Sacramento-San Joaquin River Delta for Hothouse to interview scientists trying to answer that question. … ”  Read more from Hot House here:  The Big Gulp 🌾💧🚜  You’ve got to flood it to save it

The West, reliant on hydro, may miss it during heat waves

When California suffers a heat wave, it leans heavily on hydropower from the Pacific Northwest to keep the lights on.  But that hydropower may not always be available when it’s most needed, as climate change is shifting the ground on which the West’s dams sit. Higher temperatures means snowmelt occurs earlier in the year and leaves less water available for power generation during the depths of summer. The result is a heightened risk of blackouts during extreme heat waves as a result of less hydro availability, according to a report out this week from the North American Electric Reliability Corp. (NERC).  The report highlights a paradox of running the region’s electric grid in a warming world: As energy demand rises with temperatures, there may be less hydro available to supply power, increasing the need for fossil fuels. … ”  Read more from E&E News here: The West, reliant on hydro, may miss it during heat waves

To pre-rinse or not to pre-rinse? How to use your dishwasher during the drought

The science is in. Dishwashers save water — especially if you run them only when you have a full load.  Experts will also tell you that you don’t even need to pre-rinse the crusty, sticky residue off your dishes before depositing them in the dishwasher. Just scrape the solid food off.  That saves even more water.  But for some who grew up not having a dishwasher, using the dishwasher mainly as a dish rack, or pre-rinsing the dishes before putting them in the machine (a ritual of up to 80% of dishwasher owners, estimated Wirecutter), ingrained dish-washing habits die hard. … ”  Read more from the LA Times here: To pre-rinse or not to pre-rinse? How to use your dishwasher during the drought

 

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In commentary this week …

Little room for optimism in our dire drought situation

Steven Greenhut, Western region director for the R Street Institute, writes, “Are California’s reservoirs half-full or half-empty? The state’s largest reservoirs — Lake Oroville and Lake Shasta — are exceedingly low for this time of year, with the former at 55% of capacity and the latter at 40% of capacity. However, my snarky question isn’t about water levels, but about policy makers’ attitudes toward our water crisis.  Do California officials see the current, dire drought situation as an opportunity or a unfixable crisis?  Most of the reporting has focused on the latter, for obvious reasons. Despite recent rainstorms, 60 % of California is experiencing extreme drought and 95 % experiencing severe drought. As a result, the Metropolitan Water District of Southern California, the nation’s largest water provider, is mandating 35% reductions in household consumption. … ”  Read more from the LA Daily News here: Commentary: Little room for optimism in our dire drought situation | Read via Pasadena Star-News

Editorial: Snapping out of drought fatigue

The Ventura County Star editorial board writes, “The evidence suggests that Californians are experiencing drought fatigue. If that’s the case, they’re about to get shaken out of it.  Some of the most vigorous shaking will take place in eastern Ventura County, a region of the state that is almost exclusively dependent on imports from the State Water Project, which this year will deliver just 5% of its annual allocations.  The Metropolitan Water District of Southern California has ordered that outdoor watering be restricted to one day per week for areas that mostly rely on state water. Last week, the Simi Valley City Council codified that order, adopting a resolution to implement the policy citywide.  It is evident that, statewide, the message to gear up conservation hasn’t yet gotten through. … ”  Read more from the Ventura County Star here: Editorial: Snapping out of drought fatigue

Big water abusers ignored as California drought persists

Food & Water Watch writes, “California’s crushing drought continues and urban water usage increased 19% in March compared to 2021. Yet, Governor Newsom has only done more of the same. He called for increased voluntary conservation by residents and pledged an ad campaign to encourage conservation. But hoping voluntary measures will avoid the impacts of this climate change-induced drought is just wishful thinking. And it gives a pass to the largest corporate water abusers in the state.  … ”  Read more from Food & Water Watch here: Big water abusers ignored as California drought persists

California’s water bureaucrats are making a bad drought worse

Steven Greenhut, western region director for the R Street Institute, writes, “Are California’s reservoirs half-full or half-empty? The state’s largest reservoirs—Lake Oroville and Lake Shasta—are exceedingly low for this time of year, with the former at 55 percent of capacity and the latter at 40 percent of capacity. However, my snarky question isn’t about water levels, but about policy makers’ attitudes toward our water crisis.  Do California officials see the current, dire drought situation as an opportunity or an unfixable crisis?  … ”  Continue reading at Reason here: California’s water bureaucrats are making a bad drought worse

It’s like environmentalists are trying to drive people out of California

Conn Carroll, commentary editor, writes, “In 13 of the last 16 years, California has experienced at least some level of water shortage. This year, the wet season was so dry that 95% of the state was classified as under severe drought. … Considering the state’s severe need for more water, a reasonable person might think that California would be doing everything possible to increase the production and storage of water. But there is nothing reasonable about the environmentalists that have total control of the bureaucratic agencies needed to sign off on development projects. … ”  Read more from the Washington Examiner here: It’s like environmentalists are trying to drive people out of California

Four strategies for managing California’s crucial watershed

Ellen Hanak, an economist and director of the Public Policy Institute of California’s Water Policy Center, and Greg Gartrell, an independent consulting engineer and an adjunct fellow at the Public Policy Institute of California’s Water Policy Center, writes, “Conditions in the Sacramento-San Joaquin Delta and its watershed are changing as droughts become warmer and more intense. But as our new study highlights, California is not doing a good job of tracking these changes. That’s making it even tougher to manage the water that is available for the benefit of the state’s communities, economy and environment.  This critical watershed supplies water to more than 30 million people and more than 6 million acres of farmland. It also supports commercial and recreational fisheries and provides vital habitat for many endangered native fish and other aquatic species.  But temperatures are rising, as is evaporative demand, or the “thirst of the atmosphere.” … The drying of the delta watershed has consequences for water supply and the environment. ... ”  Read more from Cal Matters here: Four strategies for managing California’s crucial watershed

RELATED: PPIC policy brief: Policy brief: tracking where water goes in a changing Sacramento–San Joaquin Delta 

The abundance choice, Part 3:  The mechanics of ballot initiatives

Edward Ring, contributing editor and senior fellow with the California Policy Center, writes, “By the spring of 2021, it was obvious the State Legislature was not going to change its inadequate approach to water policy. As the state faced another year of drought, restricting water use was the only solution being taken seriously in Sacramento. And at the same time as cities were being told to prepare to ration water, farmers faced new regulations restricting not only how much water they could divert from rivers, but also how much groundwater they could pump.  For this reason, and after talking with people all over California whose businesses and jobs depended on a reliable water supply, I decided to form a group of volunteers to promote a ballot initiative that would focus on funding projects to increase California’s supply of water. The tentative name for our campaign, which we eventually adopted, was More Water Now. … ”  Read more from the California Globe here: The abundance choice, Part 3:  The mechanics of ballot initiatives

Needed: Realism and entrepreneurialism for California water abundance

Wayne Lusvardi writes, “Recently, noted public policy analyst Ed Ring wrote an article at the American Greatness website that called for a new California state water policy of “abundance”, as opposed to the current water policy of “conservation” and planned scarcity (see The Abundance Choice – Or, Why California is Dying of Thirst, Ed Ring, May 12).   Ring says water conservation policy is focused on an ironic wasteful water policy of tightly allocating wholesale water to farms and cities while flushing any excess water to the sea. However, despite Ring’s astute numerical analyses, I am sorry to say I do not find his water abundance policy realistic.  … While I am in wholehearted agreement with this policy thrust, in my opinion it is entirely naïve and perhaps even utopian given the sociological reality of California’s water system.   What is needed first is a clear, hard-nosed sociological realism about California water policy and institutions.

Click here to read the full commentary.

The Abundance Choice, Part 4: Crafting the initiative for more water

Edward Ring, a contributing editor and senior fellow with the California Policy Center, writes, “To be fair, Assemblyman Devon Mathis (R-Porterville) didn’t come up with the idea of allocating a percentage of the state budget to accomplish a policy priority. He got that idea from the California Teachers Association, which back in 1988 convinced voters to approve an initiative constitutional amendment that required a minimum of 40 percent of California’s general fund spending to be used for K-14 education. But Mathis had the temerity to be one of the first legislators to emulate the concept, when in 2019 he introduced to the State Assembly the “Clean Water for All Act,” which would have given voters a chance to allocate another slice of the general fund to a specific purpose, in this case, funding water infrastructure.  ACA 3 died in committee, but the precedent was set. ... ”  Read more from the California Globe here: The Abundance Choice, Part 4: Crafting the initiative for more water

The abundance choice, part 5: California’s fractured farmers

Edward Ring, a contributing editor and senior fellow with the California Policy Center, writes, “This statement, which I heard with my own ears sometime in early September of 2021, was made by someone painfully aware of the paradox it expressed. It epitomizes how California’s farmers confront the existential threat of not enough water to irrigate their crops. They are bitterly divided over what solutions to support. If your farm is located north of the Sacramento Delta, you don’t want Southern Californians to build a giant straw that will suck the North Central Valley dry. And if your farm is south of the Delta, escalating restrictions on pumping water into southbound aqueducts from fragile Delta ecosystems makes a tunnel an elegant solution.  Disagreement over how to transport water through, around, or under the Delta is just one of many causes of gridlock in California over water policy, but the scale of the project and the impact it would have makes it central to discussions over state water priorities. … ”  Read more from the California Globe here: The abundance choice, part 5: California’s fractured farmers

2MAF of CA water is held in stored almonds.

On the Public Record writes, “You may not know that the California almond industry has been unable to ship its almonds for two years (almonds used to be shipped to China in returning empties; the past two years ships aren’t willing to wait at port long enough to fill up with almonds). Last year, 20% of CA almonds were held in storage for lack of shipping. This year, the prediction is that 30% of CA almonds will be held over. Let’s do some fun math and then do some fun context. For this exercise, we will be b.o.t.e. people, content with a first approximation. It will not be so inaccurate as to change the conclusion, which is likely to involve swearing. … ”  Continue reading at On the Public Record here: 2MAF of CA water is held in stored almonds.

On the Public Record:  The same people all liked almond expansion, back in the day.

On the Public Record writes, “It is actually a problem that the Newsom water administration cannot articulate a clear vision for what California water should do. If we do not develop a clear new vision, we will keep operating from the old vision. That vision was clear as day. It was to eliminate the original peoples of the state, to destroy everything wild, to mine any valuable stock and to “feed the world”. They knew what they wanted and they put our water system in place to achieve it. This is the water system we are currently operating and it is currently achieving the same goals.  We cannot tinker around the edges and get to a different end result. ... ”  Read more from On the Public Record here:  The same people all liked almond expansion, back in the day.

California Globe Interview With President Donald Trump, Part 3: ‘It’s the most fertile ground in the country, and the farmers can’t farm because they have no water’

Katy Grimes writes, “The California Globe had the opportunity to meet with Former United States President Donald Trump Friday in Los Angeles in a one-on-one interview, while he was in the state on business. We discussed the state of the State of California. … “Water – we had water all done,” the President said. He said Wilbur Ross, Trump Administration Secretary of Commerce, moved mountains and earth to get water to parched California’s Central Valley.  Ross, together with Secretary of Interior Ryan Zinke, signed a Memorandum of Agreement in 2019 to ensure that President Trump’s October 2018, memorandum on “Promoting the Reliable Supply and Delivery of Water in the West” was implemented as quickly and smoothly as possible, the Globe reported on in 2019. … ”  Continue reading at the California Globe here: California Globe Interview With President Donald Trump, Part 3: ‘It’s the most fertile ground in the country, and the farmers can’t farm because they have no water’

Editorial: Anti-growth commission spikes desal

The Riverside Press-Enterprise editorial board writes, “By rejecting the plan for a desalination plant in Orange County last week, the California Coastal Commission surrendered to environmental interests fundamentally committed to a world of restrictions rather than abundance. Rather than embrace innovation and technology, the commission has chosen to place the interests of a few activists over the interests of Californians.  “This administration is committed to ensuring the sustainability of California’s water supply with an all-of-the-above strategy, and that includes desalination,” Gov, Gavin Newsom’s office said in a statement ahead of the commission’s vote.  This editorial board doesn’t often agree with the governor, but he was right to emphasize an “all-of-the-above” approach to water policy. … ”  Read more from the Riverside Press-Enterprise here: Editorial: Anti-growth commission spikes desal

Column: Did wastewater recycling help defeat the Huntington Beach desalination plant?

Columnist Michael Smolens writes, “For some time, California seemed well on its way toward a water future made more secure by desalination plants up and down the coast.  A dozen are currently in operation, including the Claude “Bud” Lewis Carlsbad Desalination Plant, which upon opening in 2015 became the largest of its kind in the Western Hemisphere.  Ten more plants are being planned.  But one of those proposed for Huntington Beach ran into a roadblock last week that raises questions about just how much the state will rely on desalination in the years to come. … ”  Read more from the San Diego Union-Tribune here: Column: Did wastewater recycling help defeat the Huntington Beach desalination plant?

Clean drinking water should be a right, but now we must fight for it

Alex Masci, an undergraduate in environmental studies at UC Berkeley, writes, “As a young person growing up in Ventura County for the past 19 years, I am no stranger to droughts. Not watering the lawn and taking shorter showers is simply a part of life in Southern California. Although water is scarce in Ventura County, there is currently a direct threat to our drinking water.  Unfortunately, the oil industry wants to profit at the expense of our precious groundwater that supplies drinking water to over 400,000 Ventura County residents and irrigation water to our $2 billion agriculture economy. It is unacceptable for the oil industry to put our water supplies at risk for their own profit. Water is life, so we must do everything we can to prevent it from contamination. … ”  Read more from the Ventura County Star here: Clean drinking water should be a right, but now we must fight for it

Alarming research on pesticide warrants curbs on its use

Jonathan Evans, legal director of the Center for Biological Diversity’s environmental health program, writes, “Even if you’ve never heard of imidacloprid, there’s a good chance the world’s most-used neonicotinoid pesticide is lurking somewhere in your home. Or on your dog. Or maybe even in your groundwater or drinking-water supplies.  This insecticide, widely used for decades on fruits, vegetables and many other crops, has triggered growing concerns over its well-documented role in the dramatic declines of birds, bees, butterflies and other insects across the globe. But despite its presence in many household bug sprays and flea-control products, the human health risks of this dangerous pesticide have managed to fly largely under the regulatory radar here in California. Until now. … ”  Read more from Cal Matters here: Alarming research on pesticide warrants curbs on its use

State and federal hatcheries release salmon smolts to rivers, Delta, bay, and coast

Tom Cannon writes, “Hatcheries in California are releasing tens of millions of salmon smolts in 2022, per normal operations.  State hatcheries are trucking over ten million fall-run salmon to the Bay again this spring because of the drought.  State and federal hatcheries are releasing another ten million-plus fall-run smolts to the rivers near the hatcheries.  Future salmon fisheries will depend mostly on the Bay releases, because few of the hatchery smolts released to the river or wild salmon smolts will survive the journey to the ocean this drought year.  Yet even the prognosis for smolts released to the Bay is poor.  Delta outflows near 4000 cfs under the State’s TUCP will keep survival below one percent. … ”  Read more from the California Fisheries here: State and federal hatcheries release salmon smolts to rivers, Delta, bay, and coast

We are the problem in California’s housing shortage

Larry Wilson, member of the Southern California News Group editorial board, writes, “Everything everyone — by which I mean the wrong ones, the NIMBYs — says about housing in Southern California is always wrong.  A favorite trope, loved by letter-to-the-editor writers, who just make things up — sorry, letter-writers, whose gemlike prose I edit and publish every day — is that the coming of more and more multi-family housing to our megalopolis is nuts because we are in a drought and all those new people will use up even more water.   Fact: Take your average Southland single-family homestead, raze it and replace it with an eight-unit apartment building, and you’d be … saving water.... ”  Continue reading at the Pasadena Star-News here: We are the problem in California’s housing shortage

California can do better than carbon neutrality by 2045

Daniel Kammen, a professor of sustainability at UC Berkeley, writes, “Ten years ago, many Californians could not have imagined the climate nightmare we are living today — dark orange skies during wildfire season, heat waves in the dead of winter, mandatory water restrictions amid crippling drought.  Without urgent action, we may well look back on this moment as the calm before the storm. Over the course of the next decade, California’s biggest climate challenges — hotter summers, a shorter rainy season and more destructive wildfires — could double in intensity.  It’s against this backdrop that the California Air Resources Board (CARB) last week released a draft of our state’s scoping plan, a blueprint for combating climate change that will guide California’s policy for years. ... ”  Read more from the LA Times here: California can do better than carbon neutrality by 2045

High time for SCOTUS to clarify what constitutes ‘waters of the United States’

Tom Campbell, professor of law and a professor of economics at Chapman University, writes, “The 1972 Clean Water Act established federal authority over the “waters of the United States.” Congress did not offer further explanation of what was covered under that term, but the two federal agencies given authority by the Clean Water Act asserted broad power.  The federal Environmental Protection Agency and the Army Corps of Engineers required farmers, homeowners, commercial and industrial concerns and developers to obtain permits before digging a ditch for water run-off, shoring up existing erosion protection structures, or draining swampy land.  This expansion of federal agency authority was accomplished without any new law passed by Congress, or even any formal regulation issued by the federal agencies, until 2015, when EPA and the Corps put in writing what it had been doing in practice, in a regulation that came to be known as the “ditch rule.” … ”  Continue reading at the LA Daily News here: High time for SCOTUS to clarify what constitutes ‘waters of the United States’

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In regional water news this week …

Board renews water curtailments for Russian River

Farmers with water rights along the Russian River in Mendocino and Sonoma counties may be subject to further curtailments of water diversions after the California State Water Resources Control Board readopted emergency actions from last year.  This time, however, the way curtailments are administered may be changing, with a voluntary process replacing the one-size-fits-all approach of 2021.  Under the regulation adopted at the board’s May 10 meeting, curtailment orders would be issued based on water supply or when insufficient flows endanger fish in the lower Russian River watershed, the board said in a statement. … ”  Read more from Ag Alert here: Board renews water curtailments for Russian River

Commentary:  A creative approach can help Russian River, farmers

Frost Pauli, a Mendocino County winegrape and pear grower and is chair of the Mendocino County Farm Bureau Water Committee, writes, “The Russian River, like most of California, is no stranger to low-water years. Now that 2022 is our third straight year of drought, necessity—as the saying goes—must be the mother of invention. With a reduced water supply, it has become obvious that there is the need for creative, forward-looking solutions.  On May 10, the California State Water Resources Control Board readopted an emergency regulation that stands to force 2,000 water-rights holders to curtail water diversions for another year. (See related story on Page 10.) The emergency action is being used to make water available to senior diverters, minimum instream flows and minimum health and human safety needs.  For farmers and ranchers in Mendocino County, the continuing drought means more sacrifices: fewer acres irrigated, herds reduced and farming output diminished. Yet there are alternatives to across-the-board water curtailments. This is a sustainable solution we are working toward through the upper Russian River water-sharing program. ... ”  Read more from Ag Alert here: Commentary:  A creative approach can help Russian River, farmers

Lake Tahoe to the Delta: Sacramento region plans 750-mile trail network

As the Sacramento area’s freeways become more congested and suburban sprawl covers formerly open space, regional planners are focusing on alternate ways of moving people around. After three years of planning and community surveys, the region’s chief planning agency will announce in a series of public events today the framework of an extensive trail network that will serve nearly every corner of the six-county region. The Sacramento Region Parks and Trails plan would run from the shores of Lake Tahoe to the Delta. It would serve the Sierra foothills of El Dorado County, the rural farmlands of Yolo County and reach as far north as New Bullards Bar Reservoir in Yuba County. And it would transform a puzzle of disconnected trails into a 750-mile network. … ”  Read more from the Sacramento Bee here: Lake Tahoe to the Delta: Sacramento region plans 750-mile trail network 

Water Forum: The lasting agreement

” … In the 1980s and ’90s, the Capital Region’s population was growing, and in dry years, the river was already oversubscribed, according to reports. The region’s water table — between the soil and groundwater — had dropped in some places by 90 feet, causing parts of the groundwater basin to become contaminated. Competing interests abounded. Just the threat of lawsuits stopped projects dead in their tracks.  “In those days, there was a lot of litigation around water,” says Jim Ray, referring to the period of the 1970s to the 1990s. Ray is president of MacKay & Somps Civil Engineers in Roseville, and a participant of the Water Forum, an agreement that guides greater Sacramento regional water management. The agreement, he says, came out of all this conflict. … ”  Read the full story at Comstock’s here: Water Forum: The lasting agreement

Cruising the San Pablo Spine — a green streets test lab

From tattoo parlors to senior housing, and ethnic-food vendors to world-famous record shops, it’s been said that if you can’t find what you’re looking for on San Pablo Avenue, then it doesn’t exist.  And now, the busy thoroughfare, which runs north-south through the heart of the East Bay, is also a testbed for a distributed network of rain gardens. The project, known as the San Pablo Avenue Green Stormwater “SPINE”, began nearly ten years ago (the caps are used for emphasis, not as an acronym).  In the fall of 2012, the U.S. EPA issued a $307,000 portion of a larger green-infrastructure grant for the design of seven garden sites in seven different cities. Over the past decade the project has grown in cost and shrunk in footprint, and it was eventually implemented because of the persistent efforts of stakeholders including city building-permit offices, local businesses, utility districts, state regulators, and private real estate developers. … ”  Read more from Knee Deep Times here:  Cruising the San Pablo Spine — a green streets test lab

Cal Am not fazed by rejection of SoCal desal project

A Thursday ruling by the California Coastal Commission denying a Southern California desalination project appears as if it could impact the prospects of California American Water Co.’s plan to construct a desal plant along the Monterey Peninsula.  But Cal Am says the Commission’s decision to deny Poseidon Water Co.’s Huntington Beach project and any impacts on Cal Am’s long-proposed desal project on the Monterey Peninsula is comparing apples to oranges.  … Evan Jacobs, director of external affairs for Cal Am, said the local desal project, called the Monterey Peninsula Water Supply Project, has an entirely different engineering system that would not impact marine wildlife, principally by having its intake system take brackish water from underground instead of directly from the ocean. … ”  Read more from the Monterey Herald here: Cal Am not fazed by rejection of SoCal desal project

Lemoore launches salvo against effort to swipe to Kings River floodwater

Lemoore is speaking out against the efforts of an out of town water entity to export water from the Kings River.  The Lemoore City Council approved a letter in opposition to a petition to revoke the Fully Appropriated Stream (FAS) status of the Kings River on Tuesday.  The letter is directed to the State Water Resources Control Board, which is hearing a petition from Kern County water agency Semitropic Water Storage District to revoke the FAS status.  With the FAS status, the state has determined that the Kings River has insufficient supply for new water right applications.  Revoking the status would allow Semitropic to export water from the Kings River in an attempt that has stretched back a couple of years. … ”  Read more from the San Joaquin Valley Sun here: Lemoore launches salvo against effort to swipe to Kings River floodwater

State, county may take water from City of Porterville

City of Porterville Manager John Lollis sounded like a boxer when describing the ongoing situation when it comes to various agencies at the local and state level trying to work together to spread out a limited water supply.  “It is certainly a bob and weave,” Lollis said.  Lollis announced at Tuesday’s Porterville City Council meeting the County and State may exercise its right to take 3 million gallons of water  a month at no charge from a city well as part of the arrangement the city, county and state reached to supply East Porterville with water after the 2015 drought. “We want to be a good partner,” Lollis said. “We always have been.” … ”  Read more from the Porterville Recorder here: State, county may take water from City of Porterville

Water wars: Court case to decide fate of Long Valley in rural Mono County

Conservation groups are speaking out in support of water rights in rural Mono County, saying thirsty Los Angeles is endangering wildlife, ranching and tourism.  All parties are awaiting the judge’s decision after a recent hearing, where the Los Angeles Department of Water and Power (DWP) argued it has the right to cut off water ranchers use to irrigate Long Valley and Little Round Valley for cattle grazing near the Crowley Lake Reservoir.  Wendy Schneider, executive director of the nonprofit Friends of the Inyo, said the DWP bought up water rights 100 years ago, but the Eastern Sierra is getting the short end of the stick. … ”  Read more from the Public News Service here: Water wars: Court case to decide fate of Long Valley in rural Mono County

Ridgecrest: Groundwater Authority begins plan to import water

Photo by David O.

At its monthly board meeting on May 11, the Indian Wells Valley Groundwater Authority took its first step towards the long term goal of importing water to the Indian Wells Valley. The IWVGA board of directors unanimously voted to send out a request for proposals from consultants capable of planning the water importation project.  The plan is still very much in its infancy, with language from the RFP implying that the consultant will be planning for a plan for a study of the project. … ”  Read more from the Ridgecrest Independent here: Groundwater Authority begins plan to import water

SoCal: It’s about water, not just illegal drugs, officials say of rampant pot grows

Illegal pot grows were already a problem in the High Desert, but during the pandemic, the number increased, and now officials say with scarce water resources in Southern California, it’s a drought problem too. The NBC4 I-Team has been following the efforts to eradicate illegal marijuana operations in the high desert region of Southern California. On May 17, the Los Angeles County Sheriff’s Department announced a new operation targeting those operations.   The problem exploded during the pandemic with illegal marijuana grow operations quickly multiplying in High Desert communities. Within the past year alone, more than 2,000 have been documented in Los Angeles and San Bernardino Counties. Also documented is the devastating impact on the environment, from the dangerous chemicals used — and left behind — to the staggering amount of water needed for these operations. … ”  Read more from NBC LA here: It’s about water, not just illegal drugs, officials say of rampant pot grows

Malibu spared from Los Angeles County’s unprecedented water restrictions

In an unprecedented move, the Metropolitan Water District has mandated affiliated agencies it supplies with restricted outdoor watering to just one day a week. The sweeping new restriction to begin June 1 is in response to the state’s severe drought and one of the driest years on record.  Even though MWD supplies water to Los Angeles County Public Works Waterworks District 29, Malibu’s water retailer, most of that water does not come from the State Water Project, which is currently at a critically low level. Cities that depend on that source are being targeted for the huge cutback. Malibu for now has been spared, but that could change as other water resources from the Colorado River and Northern California are also drying up. … ”  Read more from the Malibu Times here: Malibu spared from Los Angeles County’s unprecedented water restrictions

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Announcements, notices, and funding opportunities …

NOTICE of Public Meeting and Release of Preliminary Changes to Drought Emergency Regulation for Scott River and Shasta River Watersheds

WEEKLY UPDATE on Curtailment Status of Water Rights and Claims in the Delta Watershed

NOTICE: Upcoming Delta Stewardship Council meeting is a field trip

FUNDING OPPORTUNITY: FINAL 2022 IRWM Grant Program Guidelines and Proposal Solicitation Package for the Proposition 1 – Round 2 IRWM Implementation Grant

NOTICE: Notice Of Petition For Temporary Change Involving The Proposed Transfer From Carmichael Water District To Santa Clara Valley Water District And Various State Water Project Contractors

DELTA STEWARDSHIP COUNCIL: Certification of Consistency Filed for North Delta Fish Conservation Bank

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