New State Water Legislation Mandates

Legislature Delays Vote On $11 Billion Water Bond Until 2014

July 9, 2012

On July 5, 2012 California lawmakers voted to delay voters’ consideration of an $11 billion water bond for another two years, from November 2012 to November 2014.

All Seven Members of the Delta Stewardship Council Appointed; Council Holds First Meeting and Takes First Actions

April 14, 2010

The newly created state agency known as the Delta Stewardship Council has taken shape and recently took its first gentle steps into the tepid waters of the Sacramento-San Joaquin Delta’s management.

Schwarzenegger Seeks to Postpone $11 Billion Water Bond Vote to 2012

June 30, 2010

Governor Arnold Schwarzenegger said June 29 that a statewide vote on the $11 billion water should be postponed until 2012.

State to Issue Draft Delta Flow Criteria in July

June 24, 2010

In July, the State Water Resources Control Board (“State Board”) plans to issue draft “flow criteria for the Delta ecosystem necessary to protect public trust resources.” (Water Code § 85086(c)(1).)

Bill Would Bar Private Enterprise from Participating in Bond-funded Storage Projects

June 24, 2010

California congressmen Jared Huffman (D-San Rafael) and Dave Cogdill (R-Modesto) have sponsored legislation that would modify the $11.14 billion bond measure slated for voter approval in November pursuant to the 2009 omnibus water legislation (SB X7-2 [“SB 2”]). Assembly Bill 2775 (“AB 2775”) would amend the bond measure to delete a provision allowing nongovernmental entities to participate in water storage projects funded by bond proceeds.

State Recruits Water Rights Enforcers

May 10, 2010

The State Water Resources Control Board ("State Board") is requesting applications to fill at least 12 new water rights enforcement positions, including investigators, environmental scientists and water resource control engineers.

ACWA, NRDC Endorse $11 Billion Water Bond as Sierra Club, Farm Workers Oppose Measure Slated for November Ballot

April 14, 2010

In the November 2, 2010 statewide general election, voters will be asked to approve the $11.14 billion bond measure associated with SB X7-2 (“SB 2”), the “Safe, Clean and Reliable Drinking Water Supply Act of 2010.” The bond measure would authorize funds for drought relief, regional water supply projects, Delta sustainability projects, water storage, watershed conservation, groundwater cleanup and protection, and water recycling and conservation. A straight majority vote is required to pass the bond measure.

$11 Billion Water Bond Likely To Appear On Ballot

August 5, 2011

The $11 billion water bond that was pulled from last year's statewide election will likely appear on a future ballot, according to State Senator Fran Pavley (D-Santa Monica).

Delta Stewardship Council Releases Draft Version of Delta Plan

August 5, 2011

On August 3, 2011, the Delta Stewardship Council issued a further (fifth) draft of the Delta Plan. As we explained in our November 2009 Legal Alert on California's sweeping water legislation, the statutorily-created Delta Stewardship Council must adopt a Delta Plan by January 1, 2012, to accomplish ecosystem restoration and water delivery reliability for 25 million Californians and millions of acres of the world’s most productive farm land. The 2009 water legislation describes coequal goals “of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem” and explains that the legislation’s purpose is to “establish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan.” The Delta Plan must include measures that promote: (1) viable populations of aquatic and terrestrial species; (2) functional corridors for migratory species; (3) diverse habitats; (4) reduced threats; (5) more reliable water supplies; (6) improved water quality; and (7) the economic vitality of the State.

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