Law Commons^™

Navigating Groundwater-Surface Water Interactions Under The Sustainable Groundwater Management Act, Alida Cantor, Dave Owen, Thomas Harter, Nell Green Nylen, Michael Kiparsky

Nell Green Nylen

California’s Sustainable Groundwater Management Act (SGMA), passed in 2014, recognizes and addresses connections between surface water and groundwater. The statute is California’s first statewide law to explicitly reflect the fact that surface water and groundwater are frequently interconnected and that groundwater management can impact groundwater-dependent ecosystems, surface water flows, and the beneficial uses of those flows. As such, SGMA partially remedies the historically problematic practice of treating groundwater and surface water as legally distinct resources. SGMA requires groundwater sustainability agencies (GSAs) to manage groundwater to avoid six undesirable results, including significant and unreasonable adverse impacts on beneficial uses of surface …

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Nell Green Nylen

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for …

Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus

Nell Green Nylen

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …

Designing Effective Groundwater Sustainability Agencies: Criteria For Evaluation Of Local Governance Options, Michael Kiparsky, Dave Owen, Nell Green Nylen, Holly Doremus, Juliet Christian-Smith, Barbara Cosens, Andrew Fisher, Anita Milman

Nell Green Nylen

No abstract provided.

Accelerating Cost-Effective Green Stormwater Infrastructure: Learning From Local Implementation, Nell Green Nylen, Michael Kiparsky

Nell Green Nylen

Although green stormwater infrastructure (GSI) is critical to solving stormwater management challenges, GSI is evolving technology with inconsistent performance and uncertain costs. Our report recommends enhancing learning from local implementation efforts to address knowledge gaps and speed cost-effective deployment. We identify key actions the EPA and state water quality authorities can take to help drive data collection and sharing.

Accelerating Cost-Effective Green Stormwater Infrastructure: Learning From Local Implementation, Nell Green Nylen, Michael Kiparsky

Nell Green Nylen

No abstract provided.

Learning From California’S Experience With Small Water System Consolidations: A Workshop Synthesis, Nell Green Nylen, Camille Pannu, Michael Kiparsky

Nell Green Nylen

California recognizes a human right to safe, affordable drinking water. However, small and disadvantaged communities can find it especially challenging to fund the water systems necessary to achieve this goal. Small water systems are responsible for the bulk of the state’s drinking water quality violations, and an estimated 300 disadvantaged communities in California are served by systems that fail to meet state drinking water standards.

Water system consolidations can create economies of scale that help address persistent water system inadequacies in small and disadvantaged communities. More than 100 consolidation projects have been completed or are ongoing in California, and many …

In Brief, David Goetz, Santosh Sagar, Emily Sangi, Maria Stamas, Maya Waldron, Kristi Black, Jeslyn Miller, Nell Green Nylen, Cozette Tran-Caffee, Adam Shearer, Jill Jaffe, Alex Platt, Benjamin Kozik, Rodrigo Ropert, Juan De Castro

Nell Green Nylen

No abstract provided.

Citizen Enforcement And Sanitary Sewer Overflows In California, Nell Green Nylen, Luke Sherman, Michael Kiparsky, Holly Doremus

Nell Green Nylen

No abstract provided.

California's Stream Flow Monitoring System Is Essential For Water Decision Making, Kathleen Miller, Nell Green Nylen, Holly Doremus, Andrew Fisher, Graham Fogg, Dave Owen, Samuel Sandoval Solis, Joshua Viers, Michael Kiparsky

Nell Green Nylen

With California’s drought risk, flood risk, and demand for water all increasing, effective monitoring is more important than ever to water decision making. Stream gages monitor the most basic vital sign of California’s waterways—stream flow.1 Stream flow data support day-to-day decisions about how to manage water and operate water infrastructure. In turn, those decisions have important implications for flood control and the water supplies upon which residential, industrial, agricultural, and environmental water users depend. Stream flow information also provides technical insights into basin hydrology, and those insights aid long-term water planning. As pressures on the state’s water systems intensify, the …