DAILY DIGEST, 6/29: New report finds groundwater plans fail to protect vulnerable communities, environment; Tulare Lake floodwaters now receding; Mountains vulnerable to extreme rain from climate change; Will the giant Westlands Water District “spill” water this year for lack of demand?; and more …


On the calendar today …

  • WEBINAR: East Bay Shoreline Infrastructure Projects from 10am to 11:30am.  There are (at least) two sides to every story and there are (at least) two sides of San Francisco Bay. WET Talk 12 focuses on exciting developments happening on the East Bay Shoreline.  We’ll be focusing on the nature-based First Mile Horizontal Levee Project in Hayward and the Sixteen Mile Mixed Sea Salt Pipeline Project that starts in Cargill’s Newark solar salt facility and travels through four cities to connect with East Bay Dischargers Authority’s system downstream of the Oro Loma Sanitary District.  Click here to register.
  • WEBINAR: Chrome IV from 11am to 2pm.  This webinar will discuss: Overview of chemistry and natural and anthropogenic sources of Chrome VI, Health risks of Chrome VI, Overview of California’s Chrome VI regulation, and Design, treatment, and operation options for Chrome VI.  Click here to register.
  • WEBINAR: Solutions in Our Soil – From Science to Practice from 11am to 12pm.  Throughout our Solutions in our Soil webinar series, we’ve explored what soil health means and why it’s so important, how it’s connected to water, and where we can promote soil health throughout the food supply chain. For our fourth and final webinar, we’ll speak with growers to hear how they implement soil health practices on the ground and how soils are integral to climate-resilient agriculture.  We’ll hear from our expert panelists, Katie Chiapuzio of Braga Fresh and Justin Wylie of Wylie Farms, and learn how they’re turning science into practice to nourish both our communities and our environment.  Click here to register.
  • VIRTUAL SCOPING MEETING: Little Egbert Multi-Benefit Project from 12pm to 2pm.  DWR is the Lead Agency under CEQA and will prepare an EIR for the Little Egbert Multi-Benefit Project (proposed Project). Written comments regarding the issues that should be addressed in the EIR, including potential alternatives to the proposed Project and the scope of the analysis, are invited. The NOP is available for download.  Meeting link: https://ca-water-gov.zoom.us/j/81660832719?pwd=Zm5ZbnVoU0JQSXQvc3dDVnBIMnptUT09  Dial-in Number: 1-636-651-3141  Meeting ID: 459931

In California water news today …

New report addresses findings that most California Groundwater Sustainability Plans fail to protect vulnerable communities and the environment

“A new report, authored by experts from organizations including The Nature Conservancy, the Union of Concerned Scientists, Audubon California, and Clean Water Action, provides a set of recommendations on how California’s Sustainable Groundwater Management Act can better protect vulnerable communities and the environment. The recommendations are based on findings from a study published this week in Nature Communications, which found that the majority of local groundwater plans developed under California’s Sustainable Groundwater Management Act (SGMA) overlook the state’s most vulnerable groundwater users.  More than 100 groundwater sustainability plans submitted to the State of California and required under SGMA in 2020 and 2022 were rigorously reviewed to assess the degree to which each plan integrates diverse stakeholder groups into the planning process. … ”  Continue reading this press release.

Tulare Lake receding due to coordinated action & favorable weather

“State officials have released new data and inundation maps showing that Tulare Lake has begun to recede, marking a significant turning point in the all-of-government effort to protect communities from flooding.  By taking early and aggressive action – including a state of emergency, executive orders, pre-emptive water management strategies, and more – to divert flows upstream from Tulare Lake, at least 66,692 acre-feet of water was diverted to protect communities and put that water to use by recharging groundwater, replenishing storage, and more.  66,692 FLOODED FOOTBALL FIELDS: At a foot deep, that’s how much more water would have ended up in the Tulare Lake if state, local, and federal officials hadn’t acted. … ”  Continue reading from the Office of the Governor.

Tulare Lake floodwaters now receding, Newsom’s office says. ‘We’ve turned a corner.’

“After months of concern that Sierra Nevada snowmelt would send torrents of water into an already flooded Tulare Lake and inundate more communities and infrastructure, Gov. Gavin Newsom’s office has announced that the waters of the resurgent lake have finally begun to recede.  “We’ve turned a corner,” said Alex Stack, a Newsom spokesman.  In a prepared statement released Wednesday, the governor’s office said that data and inundation maps collected and prepared by state officials show that earlier estimates of potential flooding have not been met. Instead, the lake — now roughly the size of Lake Tahoe — is shrinking. … ”  Read more from the LA Times. | Read via Yahoo News.

Cool spring was ‘best case scenario’ for snowmelt and river levels

While flooding due to snowmelt has certainly done damage to many valley and foothill communities following the record winter, the cool weather pattern to start the year has prevented the widespread, catastrophic flooding that could have occurred under different circumstances. California has spent the last few months mainly under the influence of low pressure systems. The systems have kept the region cool and allowed for a manageable snowmelt period. Sacramento so far has experienced one of its coolest Junes on record and is over three degrees below average. … ”  Read more from Channel 10.

Save the bunnies, eliminate the swamp rat. How flooding has impacted San Joaquin wildlife.

“Northern California’s record-breaking wet season is wiping out some wildlife and allowing others to thrive. The San Joaquin River National Wildlife Refuge (NWR) is home to the endangered riparian brush rabbits and is also where nutria, known as the swamp rat, are emerging.  The refuge is currently closed to the public because of all the flooding. The rising waters are putting riparian brush rabbits at risk, already wiping out about 80% of its population.  CBS13 joined California Representative Josh Harder and U.S. Fish and Wildlife experts on Wednesday to learn more about the keystone species. … ”  Read more from CBS Sacramento.

Significant, though not extreme, heatwave in California for the holiday weekend

“It has been a notably mild spring and start to summer across nearly all of California to date, following the coldest winter in several decades in many parts of the state. That’s especially notable since much of the rest of the world has been enduring extraordinary periods of sweltering, record warmth in recent weeks (including much of Canada (where the ongoing fire season continues to shatter records, much like California’s did in 2020), northern Mexico and Texas, southern Europe and Northern Africa, much of South and Southeast Asia, and a number of island nations). California, and some other parts of the U.S. West, have been the notable global exception during this period of genuinely weird weather across the Northern Hemisphere. This is going to be a short blog post due to time constraints, so I won’t have time to go into detail regarding my thoughts as to why, in a broader sense, this is all happening–but please do check out my recent YouTube live office hours for a lengthier discussion. … ”  Read more from Weather West.

California’s deadly rivers: State officials issue dire warnings ahead of heat wave

“The National Weather Service issued a dire warning in California ahead of a heat wave and the Fourth of July holiday: “River water temperatures are DEADLY cold. Think twice before you jump into local rivers without a life jacket. It may be the last decision you ever make.”  The message is being sent out after an unusually wet winter that has sent the state’s rivers roaring, creating dangerous conditions that have already caused deaths. As temperatures warm up, the massive snowpack that was built up after an onslaught of storms is melting and feeding ice-cold water into the rivers. The melt is expected to be accelerated Friday through Sunday, when temperatures are forecast to soar to their highest levels of the year so far. The weather service is forecasting triple-digit heat in the Central Valley and 80-degree temperatures in the Sierra. … ”  Read more from SF Gate.

Getting out of the weeds in the Delta

“Our last post gave you an introduction to the water weeds of the Delta. Invasive submerged aquatic vegetation is taking over the waterways, making it difficult for boaters, fish, water project operations, and scientific researchers (Khanna et al. 2019). As we described in the blog “Getting into the weeds”, they are hard to control too. But how do we collect data on aquatic weeds and what do those data look like?There are two main types of data that we can work with (see IEP Technical Report 92 for details). The first, is collected with areal photographs, and is known as ‘remote sensing.’ … ”  Read more from the IEP.

Mountains vulnerable to extreme rain from climate change

“As the world warms, extreme weather events grow – and they also change. Researchers at the Department of Energy’s Lawrence Berkeley National Laboratory (Berkeley Lab) found that climate change is shifting snowfall to rainfall on mountains across the Northern Hemisphere. Those surges of liquid water bring a distinct set of dangers, including floods, landslides, and soil erosion.  “One quarter of the global population lives in or downstream from mountainous regions,” said Mohammed Ombadi, first author of the paper published today in Nature. “They are going to be directly affected by this risk.” … ”  Read more from Berkeley Labs.

SEE ALSO: Global heating making extreme rain and catastrophic flooding more likely, from the Guardian

Building California: How will the infrastructure deal affect development, wildlife?

“California lawmakers and Gov. Gavin Newsom are poised to enact a package of bills that aim to speed up lawsuits that entangle large projects, such as solar farms and reservoirs, and relax protection of about three dozen wildlife species.  Newsom and Senate and Assembly leaders unveiled the five bills earlier this week as they negotiated the state’s $310 billion 2023-24 budget. The deal ended a standoff over the governor’s infrastructure package, which he unveiled last month in an effort to streamline renewable energy facilities, water reservoirs, bridges, railways and similar projects.  The package of bills will make its way through the Legislature on an accelerated schedule. The bills include an urgency clause — meaning they would take effect immediately when Newsom signs but they also will require a two-thirds vote to pass.   Hearings have been scheduled for committees in both houses today. Debate may largely end up being a formality as the package has already been negotiated by Newsom and lawmakers behind closed doors. … ”  Read more from Cal Matters.

George Skelton column: Southpaw Newsom is shelled by lawmakers on plans for a Delta tunnel

Columnist George Skelton writes, “Gov. Gavin Newsom recently said that he didn’t understand why sports stadiums could be built quickly but other major projects couldn’t. If he really didn’t know, he probably just learned.  Sports are popular. Not so with all public works projects. Some are hated.  The Democratic-dominated Legislature gave the Democratic governor a lesson in real-world politics and policymaking: Don’t try to punch above your weight.  The legislative branch, when unified, is equal to the executive branch in power.  Newsom tried to ram through the Legislature his last-minute proposal to expedite construction of a highly controversial water tunnel in the Sacramento-San Joaquin River Delta. … ”  Read more from the LA Times.

Controversial Delta Water Tunnel project stays out of state streamlined projects

“As the mayor of the town of Hood, Mario Moreno loves his community. That’s why he volunteers to cut the grass at the community park.  Moreno said part of what makes the delta community so beautiful is living peacefully next to the river, but he said that could all change if the Delta Water Tunnel project gets built as planned, right next to the town.  “God forbid,” Moreno said. “If this tunnel proposal went through, the truck traffic coming through here, the amount of airborne dust and particles, and who knows what gets dug up.”  The proposal aims to funnel water from the Sacramento River to aid agriculture and cities to the south of the state’s capital. … ”  Read more from Spectrum 1.

Legislation accelerating Salton Sea restoration efforts passes key hurdle

“Earlier this week, the California Assembly Natural Resources Committee passed Senate Bill 583, authored by Senator Steve Padilla (D-San Diego) and co-authored by Coachella Valley Assemblymember Eduardo Garcia (D-Coachella). The bill creates the Salton Sea Conservancy to unify the state’s efforts to protect residents’ health, foster ecological recovery in the area, and to empower local stakeholders in that process.  “The Salton Sea poses a unique and acute threat to the communities that call the area home,” said Senator Padilla. “The time for inaction has passed. Generations of working families have already faced the negative consequences of California’s failure to address the Sea’s health risk. A dedicated Conservancy will elevate local voices and give the community control over how limited resources can best help remediate this public health crisis. We owe it to those that breathe the toxic dust blown off the Sea every day to get this done.” … ”  Read more from the office of State Senator Steve Padilla.

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In commentary today …

Water rights bills would jeopardize water reliability

Pat Wirz, a winegrape grower in San Benito County, writes, “Dangerous water rights reform bills that put the interests of the few over the interests of the many are moving through the California Legislature. Family farmers like me depend on our long-held water rights to feed Californians. But three bills seek to upend our state’s fundamental economic foundation.  I farm in the Cienega Valley near Hollister, which has been a wine-growing region since the 1850s. My family has deep roots in the area. We bought our first piece of ground in the 1940s and the land for our Wirz Vineyards in 1983. We sell grapes to small wineries across the state.  While our vines are typically dry farmed, meaning we rely on the soil’s residual moisture from rain rather than irrigation, water management and supply reliability have been critical to how I operate my business, particularly during dry years. Three bills just a few stops from Gov. Gavin Newsom’s desk would put that reliability at stake and upend California’s century-old water rights system. … ”  Read more from Ag Alert.

Power’s water

Trudy Wischemann, an agrarian thinker who writes, writes, ““Everyone has a right to water,” my neighbor said, leaning on his rake. “Without it, we die.”  “And a right to land,” I added, watching a cloud cross his face. “Gotta have a place to stand,” I said, looking down at my two feet, rake also in hand. He nodded, granting me that.  The first time I heard the claim that everyone has a right to clean drinking water, I felt annoyed. I believe that is every bit as true as the claim that everyone has a right to fresh food and a place to lay their heads, which I believe deeply. What is confounding to me is how to imagine fulfilling those rights, given the near-monopoly control over land, water and food held by our corporations, without challenging that control. … ”  Continue reading from the Foothills-Gazette.

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In regional water news and commentary today …

MOUNTAIN COUNTIES

Drone monitoring tackles growing algae threat to California’s famous Lake Tahoe

“Brandon Berry has an enviable job. In the morning he flies a drone to survey Lake Tahoe water clarity and in the afternoon he dives into the lake to sample water quality. This hands-on research has its fitness benefits and it’s hard to imagine a more beautiful office.  It’s a year-round job, though. “In the wintertime when the water is freezing cold and it’s snowing, I think my colleagues are less envious,” Berry said.  As ecological researcher for the Tahoe Environmental Research Center (TERC), his work has advanced scientific understanding of algal growth and the invasive Asian clam. Both contribute to degradation of the nearshore in the famously clear mountain-ringed lake. … ”  Read more from ESRI.

SACRAMENTO VALLEY

Chico customers paying higher water and sewer rates

“People in Chico are seeing higher water bills this summer. It’s a combination of higher water and sewer rates. Starting in July the current combined bill must be paid separately.  Cal Water implemented a four percent interim rate increase on May 5. Chico Cal Water District Manager Evan Markey said the final rate increase has been delayed by the California Public Utilities Commission (CPUC).  Cal Water has requested a overall billing increase of between 21 and 24 percent over three years for customers in Chico. … ”  Read more from Action News Now.

NAPA/SONOMA

Napa County searches for answer to Berryessa Highlands’ water, sewer rate dilemma

“Napa County isn’t quite ready to boost hefty sewer and water rates in Berryessa Highlands even higher to stave off red ink for the vital systems, not immediately.  County supervisors first want to see the results of a Berryessa Highlands household income survey. If incomes are low enough, the systems could qualify for millions of dollars in state grants to make needed upgrades. Whether this is a Hail Mary pass or not remains to be seen. A 2016 survey showed average income at the Highlands was too high for disadvantaged community status. Still, Highlands residents could override proposed rate increases with their votes. Some say they can’t afford the amounts being proposed, especially since they have also been hammered with high fire insurance rates. … ”  Read more from the Napa Register.

BAY AREA

$52 million in new funding to restore health of San Francisco Bay

“Federal officials on Wednesday announced $52 million in new funding for two dozen projects around San Francisco Bay to restore wildlife, expand wetlands and reduce the amount of trash and other pollutants going into the bay.  The 24 projects from the U.S. Environmental Protection Agency include restoring marshes in the East Bay, cleaning up homeless encampments in San Jose creeks, and removing 1,000 old toxic creosote-treated timber pilings along the Richmond waterfront.  The funding, approved by Congress, is a sharp increase from the past 20 years when federal spending for such San Francisco Bay projects has averaged about $5 million per year.  “It is getting us closer to a level of annual funding we should be getting for the bay, but also making sure all parts of the bay are getting projects,” said Martha Guzman, administrator for the U.S. EPA’s regional office in San Francisco. “It’s really something to celebrate.” … ”  Read more from the San Jose Mercury News.

EPA invests over $50 million to protect San Francisco Bay and its watersheds, build resilience to climate change

“The U.S. Environmental Protection Agency (EPA) today announced 24 projects receiving nearly $52 million in grant funding at an event in Oakland, Calif., along with U.S. Representative Barbara Lee and project grantees. The selected projects will help protect and restore wetlands and water quality, build climate change resilience, and increase environmental benefits with a focus on underserved communities in the nine Bay Area counties (Alameda, Santa Clara, San Mateo, Marin, Napa, Sonoma, Solano, Contra Costa, and San Francisco).  “The San Francisco Bay is one of our nation’s most iconic natural treasures and vital ecosystems, and its shores are home to numerous and diverse Californian communities,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “Thanks to the Biden-Harris Administration’s Bipartisan Infrastructure Law and Justice40 Initiative, EPA is proudly awarding a record level of funding to protect and restore the Bay’s watersheds and wetlands, and benefit surrounding underserved communities.” … ”  Read more from the EPA.

CENTRAL COAST

Santa Cruz County and flood agency at odds

“Santa Cruz County has withdrawn from an agreement with Pajaro Valley Regional Flood Management Agency (PRFMA) after the two disagreed on how to spend roughly $1 million in funds meant to address flood risk in South County.  PRFMA is made up of the counties of Santa Cruz and Monterey, Santa Cruz County Flood Control and Water Conservation Zone 7, the Monterey County Water Resources Agency, and the City of Watsonville. It was formed in 2021 to oversee projects and programs to reduce flood risk in the areas surrounding the Pajaro River and its tributaries.  The County Supervisors unanimously approved the withdrawal, which was buried in the consent portion of the agenda for Tuesday’s meeting—a portion of the meeting with limited public discussion and no public comment. … ”  Read more from Good Times Santa Cruz.

CZU fire victims could move home sooner thanks to composting toilet pilot program

“A composting toilet pilot program in Santa Cruz will allow some victims of the 2020 CZU Lightning Complex fire to move home sooner than previously expected.  The Board of Supervisors voted to support the program at Tuesday’s meeting. The program is the first of its kind in California and will give 25 CZU fire-impacted households the option to return to their properties faster.  The composting system is known as Container Based Sanitation because each household will use containerized toilets. … ”  Read more from KSBY.

Monterey Peninsula Water Management District says there is enough water for new housing development

“The City of Monterey says they are worried there won’t be enough water by the time over 36 hundred housing units are expected to be developed across the city.  The Monterey Peninsula Water Management District says thanks to the expansion of a project, there will be more than enough waterways before the housing is developed.  A lack of affordable housing is a common occurrence in the Peninsula. … ”  Read more from KION.

SAN JOAQUIN VALLEY

Manteca Mayor Singh:  Conservation must become a way of life

“Water conservation has to be a way of life.  The position of  Manteca Mayor Gary Singh is shared by water experts — whether they represent agricultural, urban or environmental interests — up and down the state.  And while he plans on asking for the Manteca City Council to relax the rules on outdoor watering to allow it to take place three days a week instead of two as in neighboring Ripon and Lathrop, Singh made it clear Manteca needs to continue on a path that reduces per capita water use.  “We’ve got to reduce outdoor water use as we have indoor water use,” Singh said. … ”  Read more from the Manteca Bulletin.

Will the giant Westlands Water District “spill” water this year for lack of demand?

“Westlands Water District, the biggest agricultural water district in the state, could lose 200,000 acre feet of water – or more – for lack of demand, according to an update at its June board meeting.  The revelation was made during a briefing by Chief Operating Officer Jose Guiterrez who acknowledged Westlands could have more than 320,000 acre feet of water left over when its contract year is up next Feb. 28.  The district is allowed by the Bureau of Reclamation to hold on to, or carry over, 120,000 acre feet in the federal portion of San Luis Reservoir from one year to the next.  But the rest, 202,000 acre feet, will likely be lost – what’s commonly referred to as a “spill.” … ”  Continue reading at SJV Water.

Kings County declares health emergency due to contaminated floodwaters

“Kings County has declared a local health emergency due to floodwater contamination and vector-borne illness which may include diseases spread by mosquitoes.  The health department says the Board of Supervisors ratified the resolution on Tuesday.  They say the massive flooding in the region has led to increased risks for hazardous waste in water, contamination and infectious diseases.  County health officials urge residents to exercise caution around floodwater and standing water, especially as water levels are expected to remain high while snowpack continues to melt. … ”  Read more from KFSN.

Woodlake prepares for future flood impacts

“Given this year’s flooding from increased rain, the city is focusing their time on protecting Woodlake residents from any potential flooding that could arise in the future. Woodlake City Council met on June 26 to discuss their ongoing efforts to deal with the recent flooding that resulted from winter storms along with snowmelt. Community member Joshua Diaz shared his concerns at the meeting, where he said the city is not doing enough to prevent future flooding and damage to Woodlake residential areas in the future.  “I have a lot to lose because I am rebuilding my home. I want to make sure it’s a good investment,” Diaz said to council. “Who in the world would put thousands of dollars (into repairing flood damage) if it’s just going to be put to waste with another flood?” … ”  Read more from the Foothills Sun-Gazette.

SOUTHERN CALIFORNIA

Saving steelhead—and stitching a community back together

“Near the small town of San Juan Capistrano in Southern California, a small creek—crisscrossed by five bridges transporting hundreds of thousands of vehicles and dozens of commuter trains each month—is about to undergo a transformation.  The creek is known as Trabuco, named for an old-fashioned firearm lost there in the 18th century. And it just might hold the key to the survival of California’s endangered Southern steelhead.  The first human inhabitants of the land were the Acjachemen (pronounced a-há-che-men); archaeological evidence suggests the Acjachemen have been present in the area for over 10,000 years. The creek provided the raw materials for their lives: shellfish, eel, trout, and game for food and deergrass, juncus rush, and sumac seeds for weaving coiled baskets. … ”  Read more from the PPIC.

The normally dry Mojave River is still flowing in the High Desert. Can you guess why?

“The water flowing in the normally dry Mojave River is not totally from snow melt as many High Desert residents have surmised.  The water in the Mojave River is mostly imported water by the Mojave Water Agency to supplement the High Desert groundwater supply, agency officials said.  Established in 1960 to participate in the State Water Project, the agency is one of 29 contractors permitted to deliver water from the California Aqueduct.  The importing of water is one way the Mojave Water Agency fulfills its mission to collaboratively manage groundwater basins sustainably, import water responsibly, and address risks proactively using sound science, the agency stated. … ”  Read more from the Victorville Daily Press.

IMPERIAL/COACHELLA VALLEYS

How the drying Salton Sea could be fending off California’s next ‘big one’

“A correlation between the amount of water held in the basin of the Salton Sea and the shifting of the San Andreas Fault may be buying time ahead of the next major earthquake in Southern California.  Scientists from San Diego State University (SDSU) partnered up with UC San Diego’s Scripps Institution of Oceanography to research the effects of the drying lake, and what they discovered is that it could be delaying the next “big one.”  As the salty and shallow body of water gradually dissipates, researches suggest the southern section of the San Andreas Fault — which touches portions of Riverside and Imperial counties — becomes more stabilized. … ”  Read more from Channel 5.

SAN DIEGO

Editorial: San Diego sewage emergency push needs help from Gov. Newsom

The San Diego Union-Tribune writes, “For decades, an appalling aspect of life in the San Diego region has been the constant specter of untreated sewage from broken infrastructure in Tijuana flowing into the Pacific and fouling beaches, marshes and coastal areas on the U.S. side of the border from San Ysidro to Coronado. Likened to a “local version of the Exxon Valdez oil disaster in Alaska” back in 1992, it doesn’t only affect surfers, swimmers, divers and beachgoers. Navy sailors who have been based on North Island for more than a century are imperiled during ocean training. Border Patrol agents on duty in the Tijuana River Valley suffer chemical burns from exposure. And hundreds of local businesses located near the shore, employing thousands of San Diegans, suffer ill effects. … ”  Read more from the San Diego Union-Tribune.

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Along the Colorado River …

Interview: How access to water affects Indigenous communities in the Colorado River basin

“The Dolores River in southwestern Colorado has gushed this spring, flowing in excess of 3,000 cubic feet thanks to strong snowpack, up from about 7 cubic feet. It barely flows most years, since the river has been dammed to serve communities nearby, and climate change has generally reduced the snowmelt coming into Western rivers.  The high water this year means good boating, and it also means people with rights to the water — including on the Ute Mountain Ute reservation — are getting more of their allocation. As recently as 2021, the reservation’s farmland got just about 10% of the water it was owed on paper.  The tribe’s history of fighting for water access illuminates what Indigenous communities throughout the American southwest face, and highlights the challenges facing everyone who relies on the Colorado River as negotiations into the river’s future get underway. The Dolores is a tributary of the Colorado.  Amorina Lee-Martinez completed her PhD on water management around the Dolores River, and spoke with Colorado Matters host Ryan Warner. You can also watch Lee-Martinez’s presentation about Ute history and colonial water appropriation through the Crow Canyon Archaeological Center in March 2023. … ”  Read more from Colorado Public Radio.

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In national water news today …

Sackett fallout leaves wetlands’ fate to states

“A landmark Supreme Court decision dealing a blow to EPA’s authority is set to sharply redirect power to the state and local levels, prompting a massive shift in wetlands oversight.  The outcome of Sackett v. EPA will spur major changes to how permitting operates, scaling back requirements and freeing up development opportunities nationwide. That decision also stands to leave an unwieldy patchwork of approaches across various regions.  “The burden will now shift very much to the states,” said Larry Liebesman, a senior adviser for the consulting firm Dawson & Associates who also formerly worked as a Justice Department environment attorney. … ”  Read more from E&E News.

A patchwork of differing state laws to protect wetlands

“A recent U.S. Supreme Court decision removed federal protections for many wetlands. The Great Lakes region has some state protections but they vary from state to state. But in a watershed like the Great Lakes basin, wetland protections are only as good as the state with the weakest laws.  The Sackett versus EPA case basically rules that if the wetland is directly connected by surface water to a lake or stream, it’s a federally protected part of what’s called the Waters of the U.S.   Otherwise, it’s not protected.  That leaves it to each state to decide whether to and how to protect the wetlands that, for 50 years, were protected by the Clean Water Act. … ”  Continue reading from the Circle of Blue.

Agencies announce intent to issue final WOTUS rule by September 1st

“On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and issue a new final rule by September 1, 2023 – without first publishing a proposed rule and seeking public comment. The new rule will update the January 2023 WOTUS rule to be consistent with the United States Supreme Court’s holding in Sackett v. EPA and is intended to resolve current regulatory uncertainty regarding the federal government’s jurisdiction over WOTUS of the Clean Water Act. … ”  Read more from Nossaman.

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About the Daily Digest: The Daily Digest is a collection of selected news articles, commentaries and editorials appearing in the mainstream press. Items are generally selected to follow the focus of the Notebook blog. The Daily Digest is published every weekday with a weekend edition posting on Sundays.

 

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