water supply planning a legal overview
Download
Skip this Video
Download Presentation
Water Supply Planning A Legal Overview

Loading in 2 Seconds...

play fullscreen
1 / 20

Water Supply Planning A Legal Overview - PowerPoint PPT Presentation


  • 61 Views
  • Uploaded on

Water Supply Planning A Legal Overview. Edward J. Casey Weston Benshoof Rochefort Rubalcava & MacCuish 333 South Hope Street, 16 th Floor Los Angeles, California 90071 (213) 576-1005, [email protected] May 18, 2004. Overview of Presentation. Review of Case Law Leading Up To SB 610/221

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Water Supply Planning A Legal Overview' - lobo


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
water supply planning a legal overview

Water Supply PlanningA Legal Overview

Edward J. Casey

Weston Benshoof Rochefort Rubalcava & MacCuish

333 South Hope Street, 16th Floor

Los Angeles, California 90071

(213) 576-1005, [email protected]

May 18, 2004

overview of presentation
Overview of Presentation
  • Review of Case Law Leading Up To SB 610/221
  • Review SB 610/221 (Enacted in 2002)
  • Review Legal Requirements for UWMPs
  • Identify Open Questions
ceqa cases pre 610 221
CEQA Cases Pre – 610/221
  • Not Many CEQA Cases Concerning Water Supply Pre - 1990s
  • Stanislaus (1995)
    • One of First CEQA Cases Dealing with Water Supply
    • 25-Year, Phased Project
    • Firm Water Supply Only Identified For First Phase (5 years)
    • EIR Invalidated Because No Analysis of Long-Term Water Supplies
ceqa cases pre 610 2211
CEQA Cases Pre – 610/221
  • County of Amador (1999)
    • CEQA Challenge To Water Agency’s Adoption of Long-Term Water Supply Program
    • Program Planned For Additional Water Supplies To Meet Anticipated Growth In Draft General Plan
    • EIR Invalidated For Lack of Analysis of Growth Impacts From Additional Water Supplies
ceqa cases pre 610 2212
CEQA Cases Pre – 610/221
  • Newhall Ranch – Trial Court Decision (2000)
    • Three Sources of Waters – Reclaimed, Flood Flows, SWP
    • SWP
      • Cannot Assume Full Contractual Entitlements
      • Only Evidence Before Court Was Historical Deliveries
    • Flood Flows
      • Inadequate Evidence Re Ability of Aquifer To Store Water
    • Death Knell of “Will Serve” Letter
ceqa cases pre 610 2213
CEQA Cases Pre – 610/221
  • “Newhall II” (2003)
    • Pre – 610/221 EIR
    • Water Supply Analysis Assumes 100% SWP Entitlements During Wet Years, 50% During Dry Years
    • EIR Struck Down
      • Insufficient Evidence Supporting Assumptions
      • Key Factor → SWP System Not Fully Built Out
ceqa cases pre 610 2214
CEQA Cases Pre – 610/221
  • PCL/Monterey Amendments
    • “Paper Water”
      • Full SWP Entitlement Is A “Hope,”
      • “Actual, Reliable” Water Supply Less Than Entitlement
    • Connection Between Land Use Planning and Water Supply
      • Condemns Land Use Planning Based On “Paper Water”
    • Worst Case Scenario
      • Need To Analyze Long-Term Shortage Scenario
ceqa cases pre 610 2215
CEQA Cases Pre – 610/221
  • Save Our Peninsula (Monterey County ) (2001)
    • Groundwater Overdraft
    • Multiple Issues Need To Be Analyzed
ceqa cases pre 610 2216
CEQA Cases Pre – 610/221
  • Napa Citizens (2001)
    • Airport Development Project
    • Source of Water Identified
    • EIR Still Struck Down
      • Water Source Still Not Firm; Agreements Still Needed
      • Not Need Guaranteed Source, But Need To Analyze Back-up Source (Worst Case Scenario)
ceqa cases pre 610 2217
CEQA Cases Pre – 610/221
  • Friends of Eel River (2003)
    • Sonoma County Water Agency
      • Proposed Project to Increase Water Diversion from Russian River
    • EIR Struck Down Because No Analysis of PG&E Projects That Would Decrease Amount of Water Discharged into Russian River
ceqa cases pre 610 2218
CEQA Cases Pre – 610/221
  • San Joaquin Raptor (2003)
    • New UC Campus at Merced
    • Proposed Source of Water Was Groundwater
      • Basin Near Overdraft
    • EIR Upheld Based on City’s Water Supply Plan
      • City’s Proposed Supply Projects Provide Sufficient Basis to Conclude No Significant Water Impacts
lessons learned
Lessons Learned
  • Build It, and Water Will Follow
    • Days Are Over
    • Demonstrate Long-Term Supplies Based on Evidence
  • Need To Address Worst Case Scenarios
    • Drought/Loss of Supplies/Third Party Actions
  • Groundwater Carries Special Problems
  • Connection Between Water Supply Planning and Land Use Planning
  • Not Need Guaranteed Water Supply
    • Reasonable Probability/Certainty
sb 610 221
SB 610/221
  • Essential Elements
    • Demonstrate Sufficient Water Supply to Meet Project and Cumulative Demand in Normal, Single and Multi-Dry Years Over 20 Year Horizon
    • List of Qualifying Projects
      • 500 residential units or equivalent water demand
    • Substantial Evidence Test Applies
    • Projections; Not Guarantee
    • Can Rely on Future Water Supplies Depending on:
      • Contracts, Capital Budget, Permits, Water Rights
    • Special Rules For Groundwater
guideline documents
Guideline Documents
  • DWR’s Guidelines for SB 610/221
  • DWR’s Guidelines for Assessing State Project Water
  • MWD’s Reliability Report of 2003
uwmps
UWMPs
  • Urban Water Management Plans
    • 610/221 Both Provide That Information and Projections in UWMP May Be Used in 610/221 Reports
    • UWMPs Prepared Every Five Years
    • New Requirements Re Groundwater
  • CLWA’s UWMP Challenged in Court
    • Challenge Rejected by Trial Court
      • Heavy Reliance on Substantial Evidence Test and Expert Opinion
open legal questions
Open Legal Questions
  • Attack on Plan Documents
    • UWMPs, MWD’s Reliability Report, Etc.
  • When Can Rely, Or Not Rely, On Plan Documents?
open legal questions1
Open Legal Questions
  • Groundwater As Source
    • Issue Is Legal Entitlement to Produce Groundwater and Third Party Impacts
    • Types of Basins
      • Adjudicated
      • Managed But Not Adjudicated
      • Neither Adjudicated Nor Managed
        • Red Flag
open legal questions2
Open Legal Questions
  • Proving Likelihood of Additional Water Supply in Future
    • Required to Show Permits, Plans, Contracts, Capital Budgets
    • When Are Proposed Plans Sufficiently Ripe?
open legal questions3
Open Legal Questions
  • Worst Case Planning – How Much Needed?
    • Existing Supplies
    • Back-up Plans
open legal questions4
Open Legal Questions
  • Connection Between Land Use Planning and Water Supply Planning
    • Who Does What and When?
ad