Los Osos Community Services District v. Golden State Water Company

Superior Court of California, County of San Luis Obispo | October 14th, 2015

This Stipulated Judgment concerns the Los Osos Groundwater Basin, as it is more particularly described in Sections 1.4.2 and 2.1 of this Stipulated Judgment, which underl

This Stipulated Judgment concerns the Los Osos Groundwater Basin, as it is more particularly described in Sections 1.4.2 and 2.1 of this Stipulated Judgment, which underlies the unincorporated communities of Los Osos, Baywood Park and Cuesta-by-the-Sea in San Luis Obispo County, California (“Basin”). The Basin is the only source of water for residential, commercial, institutional and agricul-tural development on properties overlying the Basin. This litigation (the “Action”) relates to efforts by the parties to sustainably manage the water resources of the Basin and to protect and promote the economic, environmental and social health of the community.

Lower Colorado River Basin Plan letter to the U.S. Bureau of Reclamation, 5/22/23

U.S. Bureau of Reclamation (USBR) | May 22nd, 2023

Management of the Colorado River: Water Allocations, Drought, and the Federal Role

Congressional Research Service (CRS) | August 4th, 2022

Managing Drought in a Changing Climate: Four Essential Reforms

Public Policy Institute of California (PPIC) | September 12th, 2018

California’s climate is changing. Hotter temperatures, a shrinking snowpack, shorter and more intense wet seasons, rising sea level, and more volatile precipita

California’s climate is changing. Hotter temperatures, a shrinking snowpack, shorter and more intense wet seasons, rising sea level, and more volatile precipitation—with wetter wet years and drier dry years—are stressing the state’s water management system. Recent climate projections indicate that the pace of change will increase. To avoid unwanted social, economic, and environmental consequences, the water system will need to adapt to greater climate extremes and growing water scarcity. While California is making good progress in some areas of drought management, a more focused plan of action is needed. Successful adaptation will require strong leadership at the state and local levels, and cooperation on all fronts. The 2012–16 drought—the hottest in the state’s recorded history and one of the driest—offered a window into the future under a warming climate and lessons for managing future droughts. Using these lessons as a starting point, this report offers a road map of essential reforms to prepare for and respond to droughts in California’s changing climate. Key reforms include: Plan ahead. Stronger drought planning is critically important for urban water management, groundwater sustainability, safe drinking water in rural communities, and freshwater ecosystems. Upgrade the water grid. California needs a comprehensive program to address above- and below-ground storage, conveyance, and operational challenges by mid-century, including repairing facilities that are broken, expanding conveyance and storage capacity, and modernizing and integrating operations. Update water allocation rules. California should comprehensively update its water allocation governance. The goals should be to find equitable and efficient ways to allocate limited supplies among competing demands during dry times while promoting efforts to capture and store water during wet times. Find the money. Reliable funding is crucial for adapting to climate change. New sources are needed to pay for necessary water-management investments and to fill funding gaps in the state’s water system. The focus of this reform agenda is on drought, because drought―more than any other aspect of California’s climate―reveals the vulnerabilities of watermanagement systems. Importantly, these reforms will improve drought resilience for today’s conditions, not just for the future.

Managing Water Scarcity: A Framework For Fair And Effective Water Right Curtailment In California

Berkeley Law Center for Law, Energy, & the Environment | April 15th, 2023

The report describes the legal context for water right curtailments in California, summarizes the history of curtailment practices in the state, and recommends actions Ca

The report describes the legal context for water right curtailments in California, summarizes the history of curtailment practices in the state, and recommends actions California can take to build an effective framework for curtailment.

Maps, Models, and Mystery: Interconnected Groundwater and the Public Trust

American Bar Association (ABA) | August 10th, 2019

Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office of your local cartographer. We are a p

Walk into the office of any water law practitioner, anywhere, and you might think you made a wrong turn and walked into the office of your local cartographer. We are a profession that depends on, and you might even say reveres, a good map. Rights to water flowing in surface streams are fundamentally defined by geography, and maps have long been a requirement of appropriation and essential evidence of riparian ownership. In turn, injury to a surface water right is determined by physics, as the topography of the land establishes the linear relation of impacts from other diversions, whether it be upstream (cause), or downstream (affected). In homage to these principles, some hydrologists will orient their maps top-to-bottom as upstream to downstream, rather than north to south. In our practice, gravity is our compass. Upending the convenient simplicity of rivers and streams flowing from mountaintop to ocean are alluvial and glacial valleys, in which unconsolidated sediment serve as giant sponges and blocks of fractured rock contain hidden stores of oftentimes ancient waters. Through these geologic features, hidden beneath the surface, water percolates, flows, and moves across the landscape. These subsurface waterbodies interconnect with surface streams and changes in the groundwater basin, whether due to drought or artificial extractions, and influence surface flow on a time scale ranging from minutes to centuries. To understand the relationship with any hope of precision, we need much more than a map; we need a hydrogeologist and a whole lot of data. All of this is by way of introducing two themes of emerging law in California that stand to influence trends beyond the state: (1) the legal relevance of interconnected groundwater to surface flows in protecting instream uses, and (2) recognition in the law of the need to understand and manage these interconnected waters.

Memo: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta

California State Water Resources Control Board (SWRCB) | December 15th, 2017

To: Michael Patrick George, Delta Watermaster From: Micah Green, Water Rights Analyst Re: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in

To: Michael Patrick George, Delta Watermaster From: Micah Green, Water Rights Analyst Re: Issues Related to Overlap between Pre-1914 and Riparian Water Right Claims in the Delta Date: December 15, 2017 Pursuant to your request, I have researched an issue raised in the course of my review of responses to the Division of Water Rights’ 2015 Information Order submitted by water right claimants within the Legal Delta. I. Question Presented Under California water law and within the Legal Delta, are there any circumstances under which riparian and appropriative rights can “overlap” becoming indistinguishable or inseparable such that either or both may be lawfully exercised at the election of the holder? II. Short Answer It is possible to perfect both riparian and appropriative water rights for beneficial use on the same parcel. However, riparian and appropriative rights are distinct property interests that must be separately established. There is no California precedent recognizing “overlapping” or “intertwined” water rights, and water laws against hoarding and non-use operate to preclude the duplicative exercise of water rights.

Methodology for Flow and Salinity Estimates in the Sacramento-San Joaquin Delta and Suisun Marsh

California Department of Water Resources (DWR) | June 1st, 2017

This is the 38th annual progress report of the California Department of Water Resources’ San Francisco Bay-Delta Evaluation Program, which is carried out by t

This is the 38th annual progress report of the California Department of Water Resources’ San Francisco Bay-Delta Evaluation Program, which is carried out by the Delta Modeling Section. This report is submitted annually by the section to the State Water Resources Control Board pursuant to its Water Right Decision D-1485, Term 9, which is still active pursuant to its Water Right Decision D-1641, Term 8. This report documents progress in the development and enhancement of computer models for the Delta Modeling Section of the Bay-Delta Office. It also reports the latest findings of studies conducted as part of the program. This report was compiled under the direction of Tara Smith, Program Manager for the Bay-Delta Evaluation Program.

Mono Lake Basin Water Right Decision 1631

California State Water Resources Control Board (SWRCB) | September 28th, 1994

Decision and Order Amending Water Right Licenses to Establish Fishery Protection Flows in Streams Tributary to Mono Lake and to Protect Public Trust Resources at Mono Lak

Decision and Order Amending Water Right Licenses to Establish Fishery Protection Flows in Streams Tributary to Mono Lake and to Protect Public Trust Resources at Mono Lake and in the Mono Lake Basin (Water Right Licenses 10191 and 10192, Applications 8042 and 8043, City of Los Angeles, Licensee)  

Mono Lake Committee request for an emergency action to protect Mono Lake and its public trust resources

California State Water Resources Control Board (SWRCB) | December 16th, 2022