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Category Archives: Water Rights

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Understanding Your Club’s Water Supply

This article written by Bradley Herrema was originally published in the Summer 2018 issue of the National Club Association‘s Club Director.  Click here to read the full article »  Author: Bradley Herrema

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Don’t be left high & dry — consider water supplies before buying property

This article written by Amy Steinfeld and Bradley Herrema was originally published on June 20, 2018 by the First Tuesday Journal. It’s not uncommon for a water lawyer to receive a panicked call from a new property owner after discovering they have insufficient water to support their proposed use of the property… Read the Full Text … Continue Reading »

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Bill Revives Previous Proposal to Move Water Rights Jurisdiction from the State Board to Hearing Officers, Authority Includes Cannabis

Author: Bradley Herrema Author: Jessica Diaz                     Last fall, Gov. Jerry Brown vetoed AB 313, which would have shifted hearing authority for water right violation matters from the State Water Resources Control Board (“State Water Board”) to administrative law judges (ALJs). In his veto message, Gov. … Continue Reading »

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California Water Rights Compliance Deadlines

This is a reminder that April 1 is the deadline for surface water diverters in California to report their water use to the State Water Resources Control Board.  By now, you should have received instructions from the State Water Board for doing so. As always, please consult our Annual Water Rights Checklist for additional water … Continue Reading »

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Where There’s Smoke There’s Water: THE CONUNDRUM OF CANNABIS FARMING IN CALIFORNIA WITH FEDERAL PROJECT WATER

The conflict between federal law and the recent actions of several states, including California, in the legalization of cannabis use and cultivation is well known. This conflict extends to the use of water for cannabis cultivation in situations where the water supply originates from a federal project. In 1970, Congress enacted the Controlled Substances Act … 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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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 … Continue Reading »

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Discharge Permits Not Required to Transfer Water: Court Upholds EPA Rule

                        Authors: Rhonda L. Sandquist, Michael P. Smith, Christine Jochim   The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling confirming the legality of the Environmental Protection Agency’s (“EPA’s”) Water Transfers Rule in Catskill Mountains Chapter of Trout Unlimited, Inc. … Continue Reading »

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Brownstein’s Annual California Water Rights Compliance Checklist – 2017

Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2017. This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface water and groundwater in California. Use the link to find: Our summary of filings required for all surface water and groundwater users … Continue Reading »

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