Clarification on Rapanos’ Supreme Court Decision

If you’ve not yet heard the Supreme Court decided Rapanos and Carabell, the opinion written by Scalia is one of the worst environmental decisions ever. It eliminates protection for 80% of all wetlands, most class 2 and all ephemeral streams. It reverses all the gains made over the past 20 years in protecting waters of … Continue reading “Clarification on Rapanos’ Supreme Court Decision”

Water Capacity Charges for New Development

Dear Council and Staff: First, I wish to congratulate you on your decision to address water supply for our new General Plan buildout through the use of dramatically increased water conservation and efficiency, and through the extensive use of recycled treated wastewater for irrigation to replace existing potable water demands. We greatly appreciate these efforts. … Continue reading “Water Capacity Charges for New Development”

High court splits over protecting wetlands

The Clean Water Act might not prevent building on them. By Warren Richey Staff writer of The Christian Science Monitor WASHINGTON – The federal government does not have the power to reach far upstream to protect every ditch and wetland in a watershed. In a ruling restricting federal authority to protect the environment, the US … Continue reading “High court splits over protecting wetlands”

Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction

June 20, 2006 FOR IMMEDIATE RELEASE Contact: Melinda Kassen, 303-579-5453 Steve Moyer, 703-284-9406 Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction Arlington, Va. – Yesterday the U.S. Supreme Court rendered a confusing decision that may expose thousands of miles of streams to harmful activities. The Court reversed a lower court ruling that … Continue reading “Supreme Court Delivers a Muddy Decision on Clean Water Act Jurisdiction”

Ruling Favors Rivers Over Power Dams

The Supreme Court says states may protect the waterways by requiring a steady flow at hydroelectric plants, which tend to harness it. By David G. Savage, Times Staff Writer May 16, 2006 WASHINGTON — The Supreme Court sided with the environment over electric power Monday, ruling that state regulators may require a steady flow of … Continue reading “Ruling Favors Rivers Over Power Dams”

Court Upholds Subterranean Flows is a Part of Gualala River

The Court denied NGWC contention that the State Water Board did not have authority over subterranean flows that are part of the Gualala River Flow regime. This is an important case as it asserts the Water Boards authority to assert justification to maintain minimum by-pass flows to protect Beneficial Uses of Water. Now the State … Continue reading “Court Upholds Subterranean Flows is a Part of Gualala River”

Use Permit Limiting Extraction of Groundwater Was Not a Taking

A conditional use permit limiting a landowner’s right to use groundwater underlying his property was not a compensable taking. Allegretti & Company v. Imperial County, Case No. D045156 (April 26, 2006). Imperial County issued a conditional use permit allowing Allegretti to re-drill an inactive well on a 2,400-acre parcel subject to the condition that total … Continue reading “Use Permit Limiting Extraction of Groundwater Was Not a Taking”

Judge Rules RP Water Study is Flawed

Judge Owen of Sonoma Superior Court tentatively ruled May 30 in favor of the OWL Foundation of Penngrove that says Rohnert Park doesn’t have enough water for 3,600 new homes planned on the city’s eastern edge and other proposed growth. Almost half of those homes already have City Council approval, based in part on a … Continue reading “Judge Rules RP Water Study is Flawed”

Northern California River Watch v. City of Healdsburg

In January of 2004, the U.S. District Court issued an order in favor of Northern California River Watch. In the ruling, the court held that a former excavation site, a 58 acre Basalt Pond, was adjacent to the Russian River and was within the jurisdiction of the Clean Water Act (CWA). Thus, the City of … Continue reading “Northern California River Watch v. City of Healdsburg”


NEW AND STRONGER KLAMATH RIVER WATER QUALITY STANDARDS APPROVED BY CALIFORNIA On 7 September, after much debate, the California Water Resources Board formally approved new water quality standards (called ³TMDLs,² or ³total maximum daily loads² in Clean Water Act parlance) for the mainstem of the Klamath River. This decision gives final California agency approval to … Continue reading “KLAMATH RIVER WATER QUALITY STANDARDS APPROVED”