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Category Archives: California

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Will Your Basin Adjudicate, and if so, How Will That Relate to Basin Management under SGMA?

This article was originally published as an advertorial in the November/December 2017 print issue of Western Grower & Shipper, a publication of Western Growers. Groundwater Sustainability Agencies (GSAs) throughout California’s medium- and high-priority basins are now beginning to develop Groundwater Sustainability Plans (GSPs) pursuant to the Sustainable Groundwater Management Act (SGMA). Sustainable groundwater management is … Continue Reading »

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Governor Vetoes AB 313 but Leaves the Door Open to Future Changes in Water Rights Adjudications

Author: Bradley Herrema Author: Jessica Diaz On Oct. 15, 2017, California Gov. Jerry Brown vetoed Assembly Bill (AB) 313, authored by Assemblymember Adam Gray (D–Merced). AB 313, covered in an earlier blog post, proposed to shift hearing authority over water right violation matters from the State Water Resources Control Board (State Water Board) to administrative … Continue Reading »

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AB 313 Could Take Water Right Violation Hearings Away from State Water Board

Author: Bradley Herrema Author: Jessica Diaz The California legislative session recently concluded, and among the most surprising arrivals to the Governor’s desk was Assembly Bill (AB) 313, authored by Assemblymember Adam Gray (D – Merced).  AB 313 would transform the adjudicative process for water right violation matters by shifting hearing authority from the State Water … Continue Reading »

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Serving Development During Drought: Creative & Sustainable Solutions

Author: Amy Steinfeld Author: Jessica Diaz This article was originally published in the August 2017 issue of Santa Barbara Lawyer, a publication of the Santa Barbara County Bar Association. For much of the past five years, drought and development were on a collision course. Just as the weather began to dry up in 2011, the housing … Continue Reading »

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CEQA News You Can Use – Vol. 2, Issue 2 – July 2017

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource for your real-time business decisions. That said, it is not and cannot be construed to be legal advice. Enjoy! … Continue Reading »

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What’s Next for California’s Water Supplies as the Rainy Season Comes to an End?

Author: Jessica Diaz Editor: Amy Steinfeld The conclusion of California’s five-year drought was undeniably dramatic. The recent Sierra snowpack survey by California’s Department of Water Resources showed water content 196 percent above the long-term average. The 2017 water year was the wettest on record for Northern California. And in April, the governor lifted California’s declaration of drought … Continue Reading »

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Agua Caliente Indians Win Federal Appeal; Tribal Groundwater Rights Based on Purpose of Water Use at the Time Reservation Created

Author: Adrian LeCesne Editor: Michael Fife The Ninth Circuit Court of Appeals recently upheld a decision affirming the Agua Caliente Band of Cahuilla Indians’ (the “Tribe”) right to groundwater in the Coachella Valley. The court found that the Tribe holds a federal “reserved right” to groundwater based on the intended agrarian purposes of the reservation … Continue Reading »

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As Newcomers to the Industrial Storm Water Permit, Wineries, Breweries and Distilleries Have Options to Comply

Author: Ryan Waterman Author: Dylan Johnson The statewide Industrial Storm Water permit (Industrial Permit) provides federal Clean Water Act permit coverage for a host of different industries, including wineries, breweries, and distilleries (alcoholic beverage producers) when producing alcohol is the primary business. As relative newcomers to the Industrial Permit, alcoholic beverage producers have options to comply. In 2014, … Continue Reading »

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Women Water Leaders from Around the State Gather in Santa Barbara to Discuss California’s Pressing Water Supply Issues

                        Authors: Stephanie Hastings and Amy Steinfeld On Jan. 27, 2017, Santa Barbara-based water attorneys Stephanie Hastings and Amy Steinfeld with Brownstein Hyatt Farber Schreck, LLP convened a historic meeting of nearly 100 of California’s top women in the water industry. This first-ever “California … Continue Reading »

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Five Things to Know About the State Water Resources Control Board’s Draft Climate Change Resolution

                  Author: Christopher Guillen Editors: Amy Steinfeld and Bradley Herrema News of the damaged spillways at Oroville Dam and corresponding evacuations seemed to coincide perfectly with the State Water Resources Control Board’s (“State Board”) announcement of its draft resolution on climate change. While California was busy avoiding a catastrophic flood, … Continue Reading »

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