1. PROTECTING OUR WATER SUPPLIES FOR THE FUTURE ― THE LEGAL SAFEGUARDS AVAILABLE FOR THE DILIGENT CITIZEN Edward J. Casey October 14, 2006

2. “Whiskey Is For Drinking Water Is For Fighting” - Mark Twain

3. Water Wars ― Los Angeles  Owens Valley  40 Years of Lawsuits  “Dust Bowl” Akin To Great Depression  $$$ For Environmental Cleanup  Groundwater Adjudication  25 Years of Lawsuits  Multiple Visits To Supreme Court

4. Water Wars ― San Francisco  First Lawsuit Filed In 1869!  Water Rights Filing By City of San Francisco Start In 1901  1906 Earthquake Disrupts Water Supply  Filling Hetch Hetchy Valley In Yosemite Fought By John Muir  Took Act of Congress (Baker Act) In 1913 To Resolve

5. The Future  Water Wars Just Part of History?  Or Predictor of the Future?

6. Population Growth California’s Population To Increase By 600,000 Per Year

7. Growth and Future Water Supplies

8. Population Growth  Effects Of Dry Years  1976-1977 Drought ― Driest Year On Record Economic Loss → $2.5 Billion/$6.5 Billion  1987-1992 Drought ― Billions, Billions of Dollars In Loss – $670 Million to Agriculture – $85 Million In Single Year to Ski Industry  Environmental Loss → ???

9. The Citizen’s Role  What Is A Citizen To Do?

10. The Citizen’s Role  Learn About Local Water Agency  Learn About Their Duties and Your Rights  Conserve

11. Water Agencies  Many, Many Types of Water Agencies  Irrigation Districts  County Water Districts  California Water Districts  Storage Districts  Replenishment Districts  Reclamation Districts  County Drainage Districts

12. Water Agencies (Cont’d)  County Waterworks Districts  Levee Districts  Municipal Water Districts  Conservation Districts  Flood Control Districts  Special Act Districts

13. Water Agencies  State Agencies  Dept. of Water Resources – Operates State Water Project – Wealth of Technical Information  State Water Resources Control Board – Grants Rights to Surface Water (Excluding “Riparian” Rights)

14. Water Agencies * No State Agency That Grants Rights To Produce Groundwater - California and Texas (The “Wild West”)  State Agencies

15. Water Agencies  Local Agencies  Special Districts – Only Have Powers Listed In “Enabling Act”  Municipalities – Cities, Counties – Broad ‘Police Powers”  Private Water Companies – Regulated by P.U.C.  Mutual Water Companies – Landowner - Based

16. Water Agencies  Retailers vs. Wholesalers  Example – SCWA and the Contractors  Terms of Contracts are Key

17. Rights and Duties  Water Rights  Water is a Public Resource Owned By The People of the State of California  Agencies/Individuals Gain “Property Right” To Produce Certain Quantities of Water  Rights Subject to Priority System

18. Rights and Duties  Water Rights  Priority System Different for Groundwater and Surface Water  If Shortage and Fight Occurs (Adjudication), Court and State Water Board Decide Everyone’s Water Rights  Long, Long, Long Process

19. Rights and Duties  Planning and Environmental Law  Urban Water Management Act – Agencies Serving 3,000 or More Connections – Prepare “Urban Water Management Plans” (UWMPs) – Update Every Five Years (Zero and Five) – Must Hold Public Hearing/Receive Public Input

20. Rights and Duties  UWMPs (cont.)  Why Important? – Projects Amount of Water For Next 20 Years – Drought Scenario – Future Water Supply Projects – Foundational Document for WSAs and EIRs

21. Rights and Duties  SB 610/221 (“Kuehl/Costa”)  Law Enacted In 2002  Requires Preparation of “Water Supply Assessment” for Projects of 500 Homes and Non-Residential Projects with Similar Water Demands  Projects Amount of Water Supplies for Next 20 Years, Including Dry-Year Scenarios  Prepared By Water Retailers

22. Rights and Duties  SB 610/221  Why Important? – Avoid “Paper” Water * “Build It and We Will Find Water” – WSA Can Be Used In CEQA Reports for Development Projects UWMPsWSAEIR

23. Rights and Duties  The O.W.L. Case  Groundwater Was Subject of 610 Lawsuit  City of Rohnert Park Retailer  WSA Covered Six Future Development Projects (4,000 New Homes)  No UWMP To Rely on

24. Rights and Duties  O.W.L. Case (cont.)  “ Overdraft” in Groundwater Basin – Supply vs. Demand – Over Time, Overdraft Causes Loss of Supply, Loss of Wells, Poor Water Quality, Land Subsidence – Loss of Rights in Adjudication Fight  SB 610/221 Asks: – Is Groundwater Basin in Overdraft? – If Yes, Identify “Management” Measures to Prove Groundwater is a Reliable Source of Water – Special Rules

25. Rights and Duties  O.W.L. Case (cont.)  City Identifies No Management Measures  City Claim No Overdraft in Basin  2000 EIR, City’s Consultant Found That Groundwater Production Was 2.5 Times Greater Than Recharge Rate

26. But in 2005, City Re-Draws The Lines To Show No Overdraft

27. CONCLUSION  The Citizen’s Role  Awareness/Public Participation  Mailing Lists  Promote Storage  Engage In Conservation