I am excited to release a new white paper regarding the California Sustainable Groundwater Management Act of 2014, entitled Dark Clouds Over California. Please download the white paper and share with your colleagues. For your convenience, the executive summary is published below. Additionally, the Act is spread across three legislative bills, some of which modify each other, making them difficult to read. A compiled version of the Act is available here. Other provisions of the three bills that are not contained within the main body of the Act may be found here.
There has been no shortage of news articles on the California drought this year. Many have helped inform the public about critical issues related to the conservation and development of water resources in the state, and about changes or potential changes in the laws and regulations concerning urban water use and groundwater. There have also been a number that focus on the existence of and increased activity in a market for water rights and supplies, including this article from today in Bloomberg.
On January 27, 2014, Governor Brown released a California Water Action Plan (CWAP) to address the ongoing drought and long-term challenges such as environmental protection, population growth and climate change. While the document was released several months ago, the implementation actions are only now starting to be clarified, especially regarding groundwater. This post reviews that document and evaluates the various actions identified in the CWAP from the perspective of a legal practitioner.
It is widely agreed that a growing population and economy, combined with current drought conditions and increasing understanding of long-term climate variability, create an urgent need to develop new water supplies in the US. This is especially true in Texas and California, two states where I focus much of my attention. One type of project that always seems to be misunderstood and maligned, however, is interbasin water transfers.
The Federal Reserve Bank of Dallas has published an article on potential impacts to the Texas economy from water shortages, aptly named Water Scarcity a Potential Drain on the Texas Economy. Texas is experiencing record dry conditions, which is likely to combine with increasing water demands from growing urban areas to create a potentially volatile situation for future water supplies.