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