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Category Archives: Water Rights

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Water Policy in CA: Six Key Takeaways from the State Water Board’s New Cannabis Cultivation Policy

This article was written by Amy Steinfeld and originally published by the Cannabis Industry Journal on April 16, 2019.  Cannabis is the most highly regulated crop in California, and the state just added another layer of regulation. This article breaks down the State Water Resources Control Board’s (SWRCB) recently updated Cannabis Cultivation Policy – Principles and Guidelines … Continue Reading »

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Changes Coming to California Water Rights Enforcement – Are You in Compliance?

As in years past, Brownstein’s California Water Group is pleased to provide you with our California Water Rights: Compliance Checklist for 2019. This checklist provides a summary of state water right reporting requirements and applicable deadlines for water users in California. It is important to meet the required reporting deadlines to maintain and protect your … Continue Reading »

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Seven Steps To Avoid the Green Rush Blues: Investigate Water Supplies Before Planting Cannabis

This article written by Amy Steinfeld was originally published by the Cannabis Industry Journal on December 17, 2018.  A clean, reliable water supply lies at the heart of every successful cannabis farm. It’s no surprise that the stakes for finding land with ideal growing conditions, including adequate water, are high. But new buyers (and lessees) … Continue Reading »

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An Assessment of SGMA for Municipal Water Suppliers

On September 14, Russell McGlothlin presented to the California League of Cities at the 2018 Annual Conference.  His paper An Assessment of the Sustainable Groundwater Management Act for Municipal Water Suppliers can be read in full below. The paper outlines: SGMA’s essential provisions Key issues to resolve for successful implementation including the potential division of available water … Continue Reading »

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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 through 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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