California Water Views

Earlier this year, Governor Newsom issued Executive Order (EO) N-16-25. That order is designed to facilitate the diversion and storage of flood flows and aligns with the Governor’s broader water supply strategy, which is focused on attacking the misalignment between water supply and demand while also factoring in the impacts of climate change. But the questions remain: will it be effective and will there be any unintended consequences?

The Executive Order

One key aspect of EO N-16-25 is that it waives a part of Water Code section 1242.1 that required a regional or local agency to ...

In the November 2024 election, California voters approved Proposition 4 – the Climate Bond, authorizing the state to issue $10 billion in general obligation bonds to fund climate resilience and environmental conservation projects.

The Legislature and Administration are currently debating how much of these funds will be available in the first year of allocations. The Governor’s 2025-26 January State budget proposal outlines his proposal for Proposition 4 allocations, but the final State budget and allocation of these funds will be negotiated with the Legislature until a ...

On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S. Environmental Protection Agency (and, in California, by the state and regional Water Boards) in NPDES permits are not allowed under the Clean Water Act. This pivotal opinion has major implications for effluent limitations and other conditions that may be imposed on discharges in NPDES permits under the CWA National Pollutant Discharge Elimination System ...

The affordability of necessary utilities like electricity and water is a growing concern for many Californians. Last October, Governor Newsom signed Executive Order N-5-24, directing several state agencies to take steps to manage rising electricity costs. California has long had programs to help low-income customers pay for their water service and more help may be coming. As we move through this year, it will be interesting to see how these efforts develop.

In an article for Nossaman’s California Water Views – 2025 Outlook, I explore what water providers have been doing to ...

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness requirement for water use that is found in article X, section 2 of the California Constitution “whenever adjudicating a use of water.” … 

On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of captured water and percolating groundwater.

Facts

Sandton Agriculture Investments III (Sandton) acquired real property from 4-S Ranch Partners (4-S) through foreclosure proceedings related to 4-S’s bankruptcy. A dispute then arose as to whether Sandton’s acquisition of the property included the 500,000 acre-feet of groundwater stored in the land ...

In 2024, after years of deliberation, California water officials adopted landmark rules that will guide future water use and conservation in the state. The “Making Conservation a California Way of Life” framework went into effect at the beginning of 2025 and requires compliance by 2027. The framework is intended to help preserve water supplies as climate change drives hotter, drier conditions and droughts become more frequent and longer lasting, and is expected to help save 500,000 acre-feet of water annually by 2040. That is enough to supply more than 1.4 million households ...

The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide standards for stormwater infiltration to provide a consistent regulatory framework to “encourage infiltration of urban stormwater and increase local water supply resiliency, provide greater protection of stormwater quality, and develop projects with multiple benefits for communities.”  … 

On January 24, 2025, President Trump issued Executive Order 14181 (EO 14181), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to assisting Americans in disaster areas generally, EO 14181 largely focuses on significantly changing water management policies in California.

Key Provisions of EO 14181 and the Impact on Water

The first three sections of the executive order are the ones primarily focused on California water.

• Section 1, entitled “Policy,” notes that “it is the policy of the ...

On January 10, 2025, Governor Newsom announced his 2025-2026 budget proposal of $322.3 billion. Unlike in 2023 and 2024, the proposal is for a balanced budget with a surplus of $363 million, although it does include $7 billion in funds from the state’s rainy day fund. The budget site includes a full combined summary, summaries of individual sections and a full detailed budget.

The budget includes reductions in funding for nearly all government agencies. The Natural Resources Agency has the biggest cut in net dollars and the second biggest cut percentage wise, with a 55.4% and ...