California Water Views

As of December 7, 2020, water has been included as a traded commodity on the Chicago Mercantile Exchange (“the Merc”). According to a recent Chicago magazine article, “Now cities and farmers can buy futures in California’s water, meaning they can hedge against (or bet on) rising water prices out west, based on the Nasdaq Veles California Water Index [ticker symbol: NQH2O], which tracks the current market price of the five largest water supplies in the state…So far, only the Golden State’s water supply is being traded; it’s sort of a test run.”

Some see this move at the ...

President-elect Joe Biden’s victory over Donald Trump could mean big changes for federal treatment of issues affecting water service providers, as well as how such issues are addressed in California, where Governor Newsom will presumably now have an ally in the White House. At both the state and federal levels, legislators are still working to address the impact of COVID-19 on public health and the economy, while pursuing existing policy goals that may have been put on hold due to the challenges created by the pandemic.

To navigate these new changes, please join us on December 3, 2020 ...

California’s fourth annual Water Professionals Appreciation Week kicks off on October 3^rd, highlighting the important role of water industry professionals and local public water agencies in ensuring safe and reliable water, wastewater and recycled water operations in California. Now more than ever, we appreciate the dedication of our highly trained operators, technicians and other specialists in the water sector.

Water Professionals Appreciation Week was established in 2017 by Senate Concurrent Resolution 80, by Sen. Bill Dodd (D-Napa). Recent labor studies estimate ...

Nossaman recently presented the webinar "WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S." To hear some of the key points which I discussed concerning current WOTS permitting requirements, please click here for the overview of that topic from the webinar.

If you were not able to attend the full live session, we invite you to watch the on-demand webinar at your convenience. During this presentation, you will learn about:

• The current status of the Navigable Waters Protection Rule;
• The current status of the new federal Clean Water Act ...

Governor Gavin Newsom recently released the final version of the Water Resilience Portfolio, which identifies 142 specific state actions to be taken in order to help build a climate-resilient water system for California in the face of climate change. The Water Resilience Portfolio is meant to serve as the Newsom Administration’s blueprint for helping the State adapt to impacts of climate change on its water, including more extreme droughts and floods, rising temperatures, declining fish populations, over-reliance on groundwater and other challenges.

In April 2019, Governor ...

Please join us along with our guest panelist, Thienan Pfeiffer, President & CEO of Glenn Lukos Associates, from 1:00 – 2:15 p.m. PT on July 16, 2020 for a timely webinar: "WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S."

In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water of the United States (WOTUS) or Water of the State (WOTS), triggering regulatory permitting ...

Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges of pollutants do apply in certain circumstances to effluent that reaches waters of the United States via groundwater. But under what circumstances? Plaintiff environmental groups argued for the Ninth Circuit’s decision that CWA permitting requirements apply when effluent in a ...

In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of “Navigable Waterways” on January 23, 2020.  Those changes were published in the Federal Register on April 21, 2020.  The EPA and ACOE share jurisdiction for administering the Clean Water Act and are collectively responsible for adopting regulations for implementing the Clean Water Act.  The change to the definition of Navigable Waters is ...