PANEL: Legal issues associated with water conservation mandates

As the legislature contemplates how to “Make Conservation a California Way of Life”, a panel discusses some of the legal issues posed: How do mandates interplay with Reasonable Use? Could mandates be considered a takings?  And what about charter cities? In May of 2016, the Governor issued an executive order titled “Making Conservation a California Way of Life” directing the […]

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Legal panel: Attorneys discuss upcoming California Water Fix hearing

Lively panel discussion at recent ACWA conference delves into the pre-conference ruling, the motion for dismissal, and other issues The California Water Fix hearings constitute the largest and most complex water right hearing in California’s history.  At the Association of California Water Agencies spring conference and exhibition held last month in Monterey, a panel of attorneys featuring Stefanie Morris, general […]

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Legal panel: You Mean Just Having a Water Right Isn’t Good Enough?

How the ESA, Streambed Alteration Agreements, and the Clean Water Act Are All Curtailing the Exercise of Water Rights Recent court cases and regulatory changes have had major effects on the ability to for diverters to exercise their water rights, even those long-held.  At the ACWA 2015 Fall Conference held in December, a panel of lawyers discussed the issues, touching […]

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Water Rate Making after Capistrano Taxpayers Association v. San Juan Capistrano

Attorneys Michael Colantuono, Kelly Salt, and John Bakker discuss the decision and its implication for water conservation pricing in California With the recent 4th District Court of Appeals determination that San Juan Capistrano water rates do not meet Proposition 218 requirements, tiered rates have been under scrutiny.  On May 12th, the California Urban Water Conservation Council held a webinar featuring attorneys Michael […]

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Groundwater adjudications in the age of the Sustainable Groundwater Management Act

Panel of lawyers discuss the potential collision course of groundwater adjudications with the development of groundwater sustainability plans Prior to the passage of the Sustainable Groundwater Management Act last fall, groundwater disputes were typically resolved through groundwater adjudications – a lengthy and expensive process by most accounts, but with the new legislation setting up a process for managing groundwater, the […]

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California Water Law Symposium: The Advancements and Challenges of Agricultural Water Use Efficiency Since 2009

A panel discussion on agricultural water use and efficiency improvements made since the passage of the Water Conservation Act of 2009 California is the nation’s largest farm state, providing half of the nation’s fruits, vegetables, and nuts, as well as adding $40 billion to the state’s GDP. Agriculture is the largest user of consumptive non-environmental water in the state, a […]

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California Water Law Symposium: The Role of Reasonable Use in the Russian River Frost Protection Litigation

A panel of lawyers discusses the appeals court ruling upholding the State Water Resources Control Board’s authority to regulate diversions in the Russian River watershed by riparian water rights holders for the purposes of frost protection The Russian River is California’s second largest river, flowing 110 miles through the heart of Northern California’s wine country.  The river flows from the […]

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California Water Law Symposium: Harrison “Hap” Dunning and John Leshy on California’s Reasonable Use Law

Lawyers discuss the history and importance of reasonable use law, and ponder its future use The California Water Law Symposium, now in its eleventh year, is a unique collaboration among Northern California law school students that focuses on discussion and analysis of California water issues by leading water law and experts.  At the symposium, six panels tackled a variety of […]

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Legal options for water providers in times of drought

The Water Code, Prop 218, Prop 26 and more … Attorney Kelly Salt reviews the legal provisions in the State constitution and the Water Code that govern water providers in times of drought As the State Water Resources Control Board considers adopting a stronger regulation for urban water conservation, water agencies and localities are going to need all the tools […]

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The promise and pitfalls of regional planning for special status species

Panel discusses the pros and cons of Habitat Conservation Plans and Natural Community Conservation Plans In recent years in an effort to avoid ‘postage stamp’ conservation, many regional planning efforts have been undertaken that allow for development while at the same time, provide for conservation of habitat and species. Known as Habitat Conservation Plans (HCPs) under federal endangered species regulations […]

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