Somach Simmons & Dunn | Attorneys at Law
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The San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan (Bay-Delta Plan) is currently undergoing its periodic review of updates and amendments by the State Water Resources Control Board ... read more
The Colorado General Assembly adjourned its 2023 legislative session on May 8, 2023. Below is a highlight summary of water-related legislation passed by the General Assembly. Of the bills passed, ... read more
Controversy over the Clean Water Act definition of “waters of the United States” persists as the Biden Administration’s new rule goes into effect in 24 states, but is enjoined in ... read more
On April 4, 2023, the Santa Clara County Superior Court ordered the State Water Resources Control Board (State Board) to reimburse a group of California irrigation districts and water agencies ... read more
In furtherance of its efforts to address the considerable challenges related to water scarcity in the West, the U.S. Department of Agriculture (USDA) unveiled the Western Water and Working Lands ... read more
On February 27, 2023, the Court of Appeal for the Second Appellate District (Court of Appeal) affirmed in part and reversed in part the Los Angeles Superior Court’s decision in ... read more
On February 21, 2023, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in American Rivers v. American Petroleum Institute, Case No. 21-16958, reversing ... read more
On February 6, 2023, the District Court for the Northern District of California issued its order on pending motions for summary judgment in Yurok Tribe, et al. v. U.S. Bureau ... read more
On January 18, 2023, the United States Environmental Protection Agency (EPA) and the Department of the Army (collectively, the “Agencies”) finalized a rule (2023 Rule) redefining how the Agencies interpret ... read more
The Sustainable Groundwater Management Act (SGMA), which requires local agencies to form Groundwater Sustainability Agencies (GSAs) to adopt Groundwater Sustainability Plans (GSPs) to ensure sustainable groundwater management in all high- ... read more
The California Environmental Quality Act can be a challenge for those attempting to operate in accordance with its myriad procedural directives. Frequent legislative updates and shifts in judicial interpretation of ... read more
It is no secret that the Colorado River Basin, and the western United States generally, have been facing historically dry conditions this century. Federal, state, and local agencies across the ... read more
The California State Water Resources Control Board (State Water Board) adopted the Statewide Sanitary Sewer Systems General Order (General Order) Reissuance at its December 6, 2022 meeting. As reported in ... read more
On Friday, November 18, 2022, the Court of Appeal for the Sixth Appellate District (Sixth District Court) reversed the Santa Clara County Superior Court’s denial of an attorneys’ fees award ... read more
On October 28, 2022, the U.S. Bureau of Reclamation issued a release stating it is initiating efforts to modify the existing operating guidelines for Glen Canyon and Hoover Dams in ... read more
The 2022 California legislative session, which closed in August, included three bills aimed at addressing sources of per- and polyfluoroalkyl substances (PFAS). PFAS describe a large category of man-made chemical ... read more
The Colorado Department of Public Health and Environment’s Water Quality Control Division (WQCD) has proposed significant revisions to the nutrient water quality regulations for lakes and reservoirs across the State. ... read more
Yesterday the Court of Appeal for the Sixth Appellate District agreed with Santa Clara County Superior Court Judge Walsh (Ret.) that the State Water Resources Control Board’s (State Board) curtailment ... read more
On September 8, 2022, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in Klamath Irrigation District et al. v. United States et al., ... read more
In August 2022, the 2022 California legislative session closed with various relevant legislative measures either moving to the Governor’s desk for signature or failing in committee. Below is a small ... read more
Tensions in the Colorado River Basin continue to escalate this summer amid the driest period in the basin in the past 1,200 years. Here is a snapshot of where things ... read more
In an opinion published on July 27, 2022, the First District Court of Appeal considered the application of the California Environmental Quality Act (CEQA) to a public agency’s administration of ... read more
In a June 10, 2022, memorandum (the “Memo”), the Colorado Division of Water Resources (DWR) summarized the agency’s position on water court applications for water exchanges involving wells pumping from ... read more
Last week Governor Newsom signed Assembly Bill (AB) 2505 into law, clarifying that irrigation districts may impose increased penalties for water theft under Government Code section 53069.45, in addition to ... read more
On June 6, 2022, the United States Court of Federal Claims issued a decision in City of Fresno, et al. v. United States and San Luis & Delta Mendota Water ... read more
