PROTECTING OUR WATER SUPPLIES FOR THE FUTURE ― THE LEGAL SAFEGUARDS AVAILABLE FOR THE DILIGENT...
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Transcript of PROTECTING OUR WATER SUPPLIES FOR THE FUTURE ― THE LEGAL SAFEGUARDS AVAILABLE FOR THE DILIGENT...
PROTECTING OUR WATER SUPPLIES FOR THE FUTURE ― THE LEGAL SAFEGUARDS AVAILABLE FOR THE DILIGENT CITIZEN
Edward J. CaseyOctober 14, 2006
“Whiskey Is For DrinkingWater Is For Fighting”
- Mark Twain
Water Wars ― Los Angeles
Owens Valley 40 Years of Lawsuits “Dust Bowl” Akin To Great Depression $$$ For Environmental Cleanup
Groundwater Adjudication 25 Years of Lawsuits Multiple Visits To Supreme Court
Water Wars ― San Francisco
First Lawsuit Filed In 1869! Water Rights Filing By City of San
Francisco Start In 1901 1906 Earthquake Disrupts Water Supply Filling Hetch Hetchy Valley In Yosemite
Fought By John Muir Took Act of Congress (Baker Act) In 1913
To Resolve
The Future
Water Wars Just Part of History?
Or Predictor of the Future?
Population Growth
California’s Population To Increase By 600,000 Per Year
Growth and Future Water Supplies
Population Growth
Effects Of Dry Years 1976-1977 Drought ― Driest Year On
Record Economic Loss → $2.5 Billion/$6.5 Billion
1987-1992 Drought ― Billions, Billions of Dollars In Loss
– $670 Million to Agriculture– $85 Million In Single Year to Ski Industry
Environmental Loss → ???
The Citizen’s Role
What Is A Citizen To Do?
The Citizen’s Role
Learn About Local Water Agency
Learn About Their Duties and Your Rights
Conserve
Water Agencies
Many, Many Types of Water Agencies
Irrigation Districts
County Water Districts
California Water Districts
Storage Districts
Replenishment Districts
Reclamation Districts
County Drainage Districts
Water Agencies (Cont’d)
County Waterworks Districts
Levee Districts
Municipal Water Districts
Conservation Districts
Flood Control Districts
Special Act Districts
Water Agencies
State Agencies Dept. of Water Resources
– Operates State Water Project– Wealth of Technical Information
State Water Resources Control Board– Grants Rights to Surface Water
(Excluding “Riparian” Rights)
Water Agencies
*No State Agency That Grants Rights To Produce Groundwater
- California and Texas (The “Wild West”)
State Agencies
Water Agencies Local Agencies
Special Districts– Only Have Powers Listed In “Enabling Act”
Municipalities– Cities, Counties– Broad ‘Police Powers”
Private Water Companies– Regulated by P.U.C.
Mutual Water Companies– Landowner - Based
Water Agencies
Retailers vs. Wholesalers
Example
– SCWA and the Contractors
Terms of Contracts are Key
Rights and Duties
Water Rights Water is a Public Resource Owned By The
People of the State of California
Agencies/Individuals Gain “Property Right” To Produce Certain Quantities of Water
Rights Subject to Priority System
Rights and Duties
Water Rights Priority System Different for Groundwater
and Surface Water
If Shortage and Fight Occurs (Adjudication), Court and State Water Board Decide Everyone’s Water Rights
Long, Long, Long Process
Rights and Duties
Planning and Environmental Law
Urban Water Management Act
– Agencies Serving 3,000 or More Connections
– Prepare “Urban Water Management Plans” (UWMPs)
– Update Every Five Years (Zero and Five)
– Must Hold Public Hearing/Receive Public Input
Rights and Duties
UWMPs (cont.)
Why Important?
– Projects Amount of Water For Next 20 Years
– Drought Scenario
– Future Water Supply Projects
– Foundational Document for WSAs and EIRs
Rights and Duties
SB 610/221 (“Kuehl/Costa”)
Law Enacted In 2002
Requires Preparation of “Water Supply Assessment” for Projects of 500 Homes and Non-Residential Projects with Similar Water Demands
Projects Amount of Water Supplies for Next 20 Years, Including Dry-Year Scenarios
Prepared By Water Retailers
Rights and Duties
SB 610/221 Why Important?
– Avoid “Paper” Water* “Build It and We Will Find Water”
– WSA Can Be Used In CEQA Reports for Development Projects
UWMPs WSA EIR
Rights and Duties
The O.W.L. Case
Groundwater Was Subject of 610 Lawsuit
City of Rohnert Park Retailer
WSA Covered Six Future Development Projects (4,000 New Homes)
No UWMP To Rely on
Rights and Duties
O.W.L. Case (cont.)
“Overdraft” in Groundwater Basin
– Supply vs. Demand– Over Time, Overdraft Causes Loss of Supply, Loss
of Wells, Poor Water Quality, Land Subsidence– Loss of Rights in Adjudication Fight
SB 610/221 Asks:
– Is Groundwater Basin in Overdraft?– If Yes, Identify “Management” Measures to Prove
Groundwater is a Reliable Source of Water– Special Rules
Rights and Duties
O.W.L. Case (cont.)
City Identifies No Management Measures
City Claim No Overdraft in Basin
2000 EIR, City’s Consultant Found That Groundwater Production Was 2.5 Times Greater Than Recharge Rate
But in 2005, City Re-Draws The Lines To
Show No Overdraft
CONCLUSION
The Citizen’s Role Awareness/Public Participation
Mailing Lists
Promote Storage
Engage In Conservation