California Water Views

Despite efforts to stem increasing cyber threats to water systems around the nation, on October 13, 2023, the United States Environmental Protection Agency (EPA) withdrew cybersecurity mandates put in place by the Biden administration after the 8th U.S. Circuit Court of Appeals July decision to place the mandates on hold while court actions continued.

In an attempt to harden clean water and wastewater treatment facilities from cyberattacks, the administration issued an interpretive memorandum in March 2023, that mandated adding cybersecurity assessments as a regular part of ...

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule requiring reporting of per- and polyfluoroalkyl substances (PFAS). According to EPA’s press release, the rule is intended to “provide EPA, its partners, and the public with the largest-ever dataset of [PFAS] manufactured and used in the United States.”

EPA’s new rule is part of its PFAS Strategic Roadmap, the Biden Administration’s plan to address PFAS, a family of man-made chemicals that are becoming well-known and well-studied based on their ubiquity and resistance to breaking down naturally.... 

We are excited to release the inaugural issue of Nossaman’s California Water Views – 2023 Outlook. April 1st is an important milestone in California’s water year – marking the annual snowpack assessment and related drought determination. We asked a number of our attorneys and policy advisors who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. … 

On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts, Governor Newsom’s proposed budget includes relatively few negative impacts to water projects. In fact, the drought response and water resilience section, which includes the vast majority of water-related funding, only faces a cut of two percent, from $8.7 billion to $8.6 billion. That two percent reduction is the lowest of any environmental category. ...  

On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked with evaluating the Delta Conveyance Project for compliance with the National Environmental Policy Act. Cooperating federal agencies include the U.S. Fish and Wildlife Service, National Marine Fisheries Service, U.S. Environmental Protection Agency, and U.S. Bureau of Reclamation. … 

On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes nearly $38 billion in funding for the Army Corps of Engineers (Corps). (The text of the WRDA begins on page 3160 of the NDAA.) The WRDA is biennial legislation that provides the Corps with funding to address navigation, flood control, and ecosystem restoration. This year’s bill authorizes projects in all 50 states. On the same day, a bipartisan group of Senators and Representatives announced that they reached an agreement on the WRDA. On December 15, 2022, the Senate passed the NDAA. … 

A key priority of the Newsom administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources (DWR) released its draft environmental impact report (Draft EIR) for the Delta Conveyance Project.

The Delta Conveyance Project is DWR’s and Governor Newsom’s plan to build an underground tunnel to bring water from the Sacramento-San Joaquin Delta to the State Water Project pumps near Tracy in order to reduce the risk from earthquakes and climate change to the State’s water supplies. It is intended to protect ...

On June 15, 2022, the U.S Environmental Protection Agency (EPA) announced new health advisories for four per- and polyfluoroalkyl substances (PFAS). The health advisories significantly lowered the level considered safe to consume for two PFAS and set limits for two new PFAS. At the same time, EPA announced it was making $1 billion available in grant funding to help communities address PFAS contamination.

PFAS have been dubbed “forever chemicals” because they tend to linger in the environment and humans rather than naturally breaking down. There are dozens of different types ...

On May 24, 2022, the California State Water Resources Control Board announced emergency drought restrictions resulting from Governor Newsom’s Executive Order N-7-22. The regulations are the latest in a series of attempts by the state to deal with the ongoing severe drought. The regulations cover two areas: a ban on irrigating non-functional turf and a requirement that urban water suppliers implement the Level 2 demand reduction actions in their water shortage contingency plan. …

On May 12, 2022, at the conclusion of a 10-hour hearing, the California Coastal Commission voted to deny Poseidon Water’s application to site and operate a desalination plant in Huntington Beach, in what could be a fatal blow for a project that has been debated for more than 20 years.

The Coastal Commission’s vote was unanimous, 11-0, in agreeing with the staff report’s recommendation to reject Poseidon Water’s application. The staff report recommended denial “due to this project’s fundamental inconsistencies with Coastal Act and LCP policies related to coastal ...

At a board meeting on April 26, 2022, the Metropolitan Water District of Southern California (“the Met”) announced it would be requiring reductions in water usage from retail water suppliers that are dependent on water from the State Water Project. The reduction, which the Met took as a result of the severity of the state’s current drought, will apply to six million Californians covering Los Angeles, Ventura and San Bernardino counties. The impacted retail water suppliers are Los Angeles Department of Water and Power, Three Valleys Municipal Water District, Upper San Gabriel ...

The past few weeks have been active ones for California in assessing the severity of its current drought and how it plans to manage its water during the third year of that drought. On top of other, more localized action, California released its report on 2021 groundwater conditions, evaluated current snowpack conditions and Governor Newsom issued an executive order directing action affecting 2022 water usage.

2021 Groundwater Conditions Report

On April 4, 2022, the California Department of Water Resources (“DWR”) issued its Groundwater Conditions Report for Water Year 2021 ...

According to a January 27, 2022 statement from the White House:

"Today, the Biden-Harris Administration announced it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative to the water sector. The Water Sector Action plan outlines surge actions that will take place over the next 100 days to improve the cybersecurity of the sector."

The nation’s critical infrastructure is facing both physical and cyber threats from domestic and foreign actors. An alarming combination of domestic extremists, white supremacists and aggressive misinformation and ...

Cyberattacks on organizations worldwide surged 40% in 2021. September 2021 broke records for the number of weekly cyberattacks, topping all other months since January 2020. Currently, one out of every 61 organizations worldwide is impacted by ransomware attacks every week. Given this ever-increasing threat level, a national law requiring critical infrastructure organizations to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) is on the horizon. In addition, the Biden administration’s proposed infrastructure bill ...

On May 27, Nossaman’s Water Industry Group hosted a webinar to discuss the potential impacts of sea level rise on infrastructure and private property, as well as current legislation seeking to address the impacts of sea level rise.

This post is not intended to summarize the topics discussed during the webinar, so if you missed the presentation and want to catch up, you can download the slide deck or watch a recording of the webinar here.

Over the course of the webinar, we asked a few poll questions to get to know more about our audience and their concerns about sea level rise.  We found the ...

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front and center in California. Join our Water Industry Group on May 27, 2021 from 11:00 a.m. to 12:00 p.m. PT for "Living on the Edge: Managing Sea Level Rise in California" as we sort through the pending legislation and discuss the basis for this ever-increasing concern with the encroaching ocean.

Comprised of attorneys from Nossaman’s Water, Environment & Land Use and ...

Please join us on May 6, 2021 from 11:00 a.m. to 12:30 p.m. PT as Nossaman’s Coastal Development and Environment & Land Use Groups present “Charting a Course for Offshore Wind Energy in California” to discuss current proposals and pending regulations concerning offshore wind development along the California coast.

We will be participating on a top tier panel of coastal specialists which will also include: Kate Huckelbridge, Deputy Director of Energy, Ocean Resources & Federal Consistency, CA Coastal Commission; Jennifer Lucchesi, Executive Officer, State Lands ...

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT as we review and evaluate the Biden administration’s first 100 days of policy moves involving environmental and natural resources management.

We will discuss efforts to fill leadership roles at CEQ, EPA, Interior, DOT and other federal agencies. Updates and analysis will be provided regarding key areas of policy, legislation and regulation, including:

• Climate ...

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and improve system reliability and compliance with drinking water standards.

To gain insight into the evolving landscape as these changes are being implemented, please join us on March 23, 2021 from 11:00 a.m. – 12:15 p.m. PT for a complimentary webinar, “Taking the Plunge: Lessons Learned from Water System Consolidations.” Also joining our Nossaman ...

Following up on our December 2020 post regarding the SolarWinds cybersecurity breach, we wanted to provide a link to the February 11, 2021 joint Cybersecurity Advisory issued by the federal government. The Advisory—jointly authored by the FBI, U.S. Environmental Protection Agency, U.S. Cybersecurity & Infrastructure Agency and the Multi-State Information & Analysis Center, part of the nonprofit Center for Internet Security—comes on the heels of a cyberattack on the Oldsmar, Florida water treatment plant. On February 5^th, a hacker gained access to the plant and increased ...

Congratulations to Water Law Group Associate Willis Hon who completed the Water Education Foundation’s Water Leaders program at the end of 2020. Members of the 2020 Water Leaders class examined how to adapt water management to climate change. Read their policy recommendations in the class report, Adapting California Water Management to Climate Change: Charting a Path Forward, to learn more.

The William R. Gianelli Water Leaders Class is California’s premiere water leadership program aimed at early to mid-career, up-and-coming community leaders from diverse backgrounds ...

In light of the major cybersecurity breach of the SolarWinds Orion software by malicious actors, the Water Information Sharing and Analysis Center (WaterISAC) recently issued a series of advisories providing guidance for water providers across the country on how to respond and react to this unprecedented cyberattack.

As highlighted in the WaterISAC advisory issued on December 16, 2020, the Environmental Protection Agency has recommended that all water and wastewater utilities review the Cybersecurity and Infrastructure Security Agency's (CISA's) Emergency Directive ...

If you were unable to attend our recent webinar “Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector”, please check out the recording of the on-demand webinar, which can be accessed here. Additionally, we invite you to download the presentation slide deck here.

Several key take-aways from the presentation included:

• Consensus among the water industry, and a proactive approach, will help advance legislative goals under tight timeline pressures.
• The State Resources Water Control Board is currently gathering information about ...

We recently authored the article, “Power Shutoffs: What California Water Providers Should Know” (subscription required) for the Daily Journal, California’s leading daily legal news source.

The article examines how water systems—which rely heavily on electricity to pump, treat and deliver safe drinking water to customers—have been impacted as catastrophic wildfires in California have led to an increased use of public safety power shutoff (PSPS) as a means for electric utilities to mitigate the risk ...

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 ...