ARTICLES

Clean Water Act Regulation of Aquatic Pesticides:
New Exemption Under Attack
By Jacqueline L. McDonald
September 2007

The boundaries of the Clean Water Act (CWA), 33 U.S.C. §§ 1251 et seq., jurisdiction over aquatic pesticides are currently in flux. The debate regarding the application of pesticides to waters of the United States and its potential implications for NPDES permit requirements began in 2001.

New National Research Council Report on Managing the Colorado River Basin to Address Hydroclimatic Variablity
By Jonathan R. Schutz
March 2007

The National Research Council recently released a report entitled Colorado River Basin Water Management: Evaluating and Adjusting to Hydroclimatic Variability. The report examines hydrologic and hydroclimatic trends on the Colorado River to improve river management and drought preparedness.

Federal Plan Advances to Address Salinity Drainage Issues
By Jacqueline L. McDonald
March 2007

On Friday, March 9, the United States Bureau of Reclamation (Reclamation) released the San Luis Drainage Feature Re-Evaluation Record of Decision, which was prepared to resolve a lawsuit by identifying a strategy for meeting federal planning criteria and provide agricultural drainage service to the San Luis Unit of the Central Valley Project. After analyzing various alternatives, Reclamation identified a drainage plan to provide relief for 379,000 acres of salt-impaired lands in the western San Joaquin Valley. Parties to the lawsuit continue to discuss an alternative proposal.

Boeing Files Lawsuit To Challenge Limitations On Discharges From Its Santa Susana Field Laboratory
By Daniel Kelly
February 2007

In mid-January, 2007, Boeing Company (Boeing) filed a lawsuit challenging the State Water Resources Control Board's Order WQ 2006-0012, upholding the Los Angeles Water Quality Control Board's decision to impose numeric effluent limitations on discharges from Boeing's Santa Susana Field Laboratory in Ventura County.

Delta Protection Commission Concludes The Old Sugar Mill Project Is Inconsistent With The Delta Protection Act
By Kari E. Fisher
February 2007

The Delta Protection Commission, charged with protecting the Sacramento-San Joaquin Delta, ruled in the early hours of January 26, 2007 that the Old Sugar Mill Project approved by Yolo County last year is inconsistent with several policies contained in the Land Use and Resource Management Plan for the Primary Zone of the Delta and the Delta Protection Act.

New Flood Management and Control Legislation Introduced
By Kanwarjit S. Dua
February 2007

Wastewater Collection Systems In Los Angeles County To Fund Environmentally Beneficial Projects In Satisfaction Of Liability For Unauthorized Overflows
By Cassie N. Aw-yang
January 2007

On December 14, 2006, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted Order No. R4-2006-0040 to effectuate a proposed settlement agreement between 18 individual Los Angeles County Sanitation Districts (Districts) and the Regional Board and Santa Monica Baykeeper. The agreement requires the Districts to pay $2.5 million in administrative civil liability for violations of waste discharge requirements stemming from unauthorized overflows from local and regional wastewater collection systems in Los Angeles County between January 2001 and September 2006. The settling parties agreed to divert $2,375,000 of the penalty to supplemental environmental projects.

Governor Schwarzenegger Revives Proposals For Dam Construction
By Eric W. Davis
January 2007

The Schwarzenegger administration has proposed to expand California's water storage infrastructure, and that proposal will call for the construction of two new dams.

Environmental Group Alleges "Paper Water" In Challenging Water Supply Acquisition by Castaic Lake Water Agency
By Jacqueline L. McDonald
January 2007

Water supply planning for new development in Southern California has a large price tag. To date, Castaic Lake Water Agency (CLWA) has incurred $ 6.4 million in litigation expenses resulting from challenges by environmental groups since January 2000. In December 2006, CLWA received yet another legal challenge. The California Water Impact Network (CWIN) field a lawsuit in the Los Angeles Superior Court to challenge CLWA's acquisition of water supplies from the Kern County Water Agency.

Owens River Restoration – Los Angeles Takes First Steps Towards Restoring Portions Of The Lower Owens River
By Daniel Kelly
December 2006

On December 6, 2006, Los Angeles Mayor Antonio Villaraigosa opened a valve, letting water flow down a 62-mile stretch of the Owens River, previously left dry by nearly 100 years of water diversions to Los Angeles.

Study to Determine Whether Recycled Water Damages Redwood Trees
By Jonathan R. Schutz
December 2006

California law and policy encourages, arguably mandates, the use of recycled water. The California Water Code is replete with legislative declarations that the policy of this state is to maximize the use of recycled water throughout the state, and to support local agencies in their efforts to reclaim water. For example, Water Code sections 461 and 13500, et seq., and 13550-13554 require that reclaimed water be used in lieu of potable domestic water supplies. These statutes provide that use of potable water for non-potable purposes, including highway and other landscaped areas, is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if reclaimed water is available which meets prescribed conditions. (Wat. Code, §§ 13550, 13522.2, 13522.6, 13553 and 13554.)

Consistent with California's policy to increase the use of recycled water, the city of Mountain View (City) has been planning to irrigate expanding business parks in the North Bayshore area with recycled water. The water is to be carried in a new multi-million dollar pipeline. However, the City is concerned that recycled water may be damaging or killing coast redwoods in the area, which are extensive in the North Bayshore area.

Appeals Filed With The Delta Protection Commission Challenging Yolo County's Approval Of The Old Sugar Mill Project
By Kari E. Fisher
December 2006

On November 3, 2006, two appeals were filed with the Delta Protection Commission challenging the October 24, 2006 decision of the Yolo County Board of Supervisors in approving the Old Sugar Mill Specific Plan and related actions. The appeals argue that the Old Sugar Mill project, located in Clarksburg, California, conflicts with the Delta Protection Act.

After Years of Stalled Discussions, Truckee River Operating Agreement Could be Finalized in 2007
By Jacqueline L. McDonald
December 2006

The Truckee River flows through California and Nevada, leaving ripples of interstate conflict in its wake. After more than fifteen years of negotiations and environmental studies, an eclectic group of parties nears completion on a comprehensive strategy to manage use of the Truckee River within California and Nevada. The parties are expected to complete a revised draft of the Truckee River Operating Agreement (TROA) and, if done, the final environmental analysis for the TROA should be released in December 2006. Parties to the TROA could execute the final TROA as early as Summer 2007.

Salton Sea Ecosystem Restoration Program Draft Programmatic
By Kanwarjit S. Dua
November 2006

On October 19, 2006, the California Resources Agency, in partnership with the Department of Fish and Game and the Department of Water Resources, released the Draft Programmatic Environmental Impact Report, which contains eight alternatives and one option of no action for restoring the Salton Sea ecosystem.

Lawsuit Challenges Stockton's Use Of Water Fees
By Eric W. Davis
November 2006

The Howard Jarvis Taxpayers Association and a former city finance director have filed a lawsuit challenging the City of Stockton's use of city utility fees to fund the construction of the Stockton Events Center. The lawsuit claims that the use of funds generated from a "fee in lieu of property tax" for projects that are not property-related services is a violation of the California Constitutional Provisions enacted by Proposition 218.

The Planning Agreement Regarding The Bay Delta Conservation Plan Completed
By Kari E. Fisher
October 2006

The Steering Committee for the Bay Delta Conservation Plan (BDCP) recently completed the proposed Planning Agreement for the BDCP. The BDCP is an applicant-driven effort to provide for the conservation and management of aquatic species and regulatory assurances related to water supply reliability and water quality for the Sacramento-San Joaquin River Delta. The goal of the Planning Agreement is to establish a mutually agreeable process for preparing the BDCP.

California Third District Appellate Court Narrows the Ability of State Water Resources Control Board to Impose Term 91
By Cassie N. Aw-yang
October 2006

In a victory for local water and irrigation districts, the California Third District Appellate Court ruled that the State Water Resources Control Board (Board) cannot undermine a local entity's priority water right to meet water quality requirements in the Sacramento-San Joaquin Delta. The Board abused its discretion by imposing "Term 91" requirements on El Dorado Irrigation District while failing to include such restrictions on junior appropriators.

Rethinking the Endangered Species Act: Moving Beyond Conflicts and Promoting Positive Efforts for Conservation
By Jakki McDonald
Fall 2002

Thirty years ago, Congress acted upon a growing concern for resource depletion and species extinction by drafting a species-focused Endangered Species Act (ESA). To emphasize the severity of the national problem, Congress set out to penalize those who harm certain protected species and to mandate protection at all cost. This new law was a wake up call to those involved in rampant development.