Introductory Lecture
Dave Owen
An overview introduction to California water law generally and SGMA more specifically.
An overview introduction to California water law generally and SGMA more specifically.
Panel 1: 9:45am - 11:00am
SGMA for All: Ensuring Equal Access to Clean, Affordable Groundwater
UC Davis School of Law
In 2012, California passed AB 685, making it the first state to legally recognize the human right to drinking water. Will we make good on this priority in the implementation of SGMA? How do we get safe and affordable drinking water to all Californians? What is fair to public and private interests in terms of access to underground basins/aquifers? Panelists will explore the barriers, competing needs and opportunities for equitable water management, and describe solutions for providing disadvantaged communities with clean, affordable groundwater.
In 2012, California passed AB 685, making it the first state to legally recognize the human right to drinking water. Will we make good on this priority in the implementation of SGMA? How do we get safe and affordable drinking water to all Californians? What is fair to public and private interests in terms of access to underground basins/aquifers? Panelists will explore the barriers, competing needs and opportunities for equitable water management, and describe solutions for providing disadvantaged communities with clean, affordable groundwater.
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Jennifer Clary
Clean Water Action: Water Programs Manager Horacio Amezquita Manager, San Jerardo Housing Cooperative Kristin Dobbin PhD Student, UC Davis Department of Environmental Science and Policy Sam Boland-Brien Senior Engineer, State Water Resources Control Board |
Panel 2: 9:45am - 11:00am
Groundwater Contamination: Are We Stuck With It?
University of San Francisco
Groundwater nitrate contamination is a major issue in California, particularly through the Central Valley, one of the most productive agricultural areas in the United States; however, production comes at a cost: nitrate contamination of drinking water sources. Elevated nitrate concentrations in groundwater are a concern not only for private well owners, but also for community service districts, and municipalities who rely on groundwater wells. Drinking water with a nitrate concentration greater than 10 mg/L NO3 -N can result in health effects such as low infant blood oxygen levels, miscarriages, and certain types of cancers. This panel will discuss the cause, effects, and remediation of elevated nitrate concentrations of groundwater in Central Valley, California.
Groundwater nitrate contamination is a major issue in California, particularly through the Central Valley, one of the most productive agricultural areas in the United States; however, production comes at a cost: nitrate contamination of drinking water sources. Elevated nitrate concentrations in groundwater are a concern not only for private well owners, but also for community service districts, and municipalities who rely on groundwater wells. Drinking water with a nitrate concentration greater than 10 mg/L NO3 -N can result in health effects such as low infant blood oxygen levels, miscarriages, and certain types of cancers. This panel will discuss the cause, effects, and remediation of elevated nitrate concentrations of groundwater in Central Valley, California.
Panel 3: 11:15am - 12:30pm
Questions of Common Supply: SGMA Requirements for Interconnected Surface Water and Groundwater
Golden Gate University
This panel will address the relationship between SGMA groundwater plans and various surface water issues such as surface flows, streams, water basins, and fisheries. The frequent hydrological connections between surface waters and groundwater leave in stream flows and fisheries highly affected by groundwater pumping and the SGMA. Panelists will discuss the structure of SGMA and how it addresses these water connections, particularly in relation to fisheries, the common supply doctrine, and the public trust doctrine. They will explain how to determine what is an undesirable result under SGMA using a proposed framework. These experts will also provide an overview of California law of surface water and groundwater rights, including the SGMA grandfather clause.
This panel will address the relationship between SGMA groundwater plans and various surface water issues such as surface flows, streams, water basins, and fisheries. The frequent hydrological connections between surface waters and groundwater leave in stream flows and fisheries highly affected by groundwater pumping and the SGMA. Panelists will discuss the structure of SGMA and how it addresses these water connections, particularly in relation to fisheries, the common supply doctrine, and the public trust doctrine. They will explain how to determine what is an undesirable result under SGMA using a proposed framework. These experts will also provide an overview of California law of surface water and groundwater rights, including the SGMA grandfather clause.
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Alletta (Letty) Belin
Consultant, Alletta Belin Consulting LLC Kevin O'Brien (moderator) Partner, Downey Brand LLP Richard Frank Professor of Environmental Practice; Director, UC Davis School of Law's California Environmental Law & Policy Center Paul Stanton Kibel Water and Natural Resource Counsel, Water and Power Law Group Andy Sawyer Assistant Chief Counsel, State Water Resources Control Board |
MCLE Materials
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Panel 4: 11:15am - 12:30pm
New Developments in Tribal Water Rights: Agua Caliente and SGMA
Stanford University
Groundwater will continue to be an increasingly important resource for Indian tribes in the arid western states, as water supplies shrink under the pressure of growing populations and the effects of climate change. With the U.S. Supreme Court’s recent announcement that it would not hear the appeal in the Agua Caliente case, the application of tribal reserved water rights to groundwater is settled. This panel will address current developments in tribal water rights, the interaction between SGMA and tribal water rights, and the challenge of ensuring that tribes can plan a responsible water future for themselves and future generations in the face of competing interests. Stanford Law School faculty will discuss interaction between existing tribal land use laws and SGMA and the implications of the Agua Caliente decision beyond SGMA.
Groundwater will continue to be an increasingly important resource for Indian tribes in the arid western states, as water supplies shrink under the pressure of growing populations and the effects of climate change. With the U.S. Supreme Court’s recent announcement that it would not hear the appeal in the Agua Caliente case, the application of tribal reserved water rights to groundwater is settled. This panel will address current developments in tribal water rights, the interaction between SGMA and tribal water rights, and the challenge of ensuring that tribes can plan a responsible water future for themselves and future generations in the face of competing interests. Stanford Law School faculty will discuss interaction between existing tribal land use laws and SGMA and the implications of the Agua Caliente decision beyond SGMA.
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Heather Whiteman Runs Him
Staff Attorney, Native American Rights Fund Robert Anderson Professor of Law; Director, University of Washington School of Law's Native American Center Barton H. "Buzz" Thompson, Jr. Professor of Natural Resources Law, Stanford University; Senior Fellow, Woods Institute for the Environment |
MCLE Materials
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Panel 5: 1:45pm - 3:00pm
The Elephant in the Room: Adjudication Under SGMA
University of the Pacific, McGeorge School of Law
This panel will discuss the courts’ role in balancing the need to achieve “sustainable yield” under SGMA and respecting the rights of groundwater pumpers. SGMA incorporates the existing framework for water rights in California, assuring that nothing in SGMA will alter surface or groundwater rights under the common law. However, SGMA was created to prevent the “undesirable results” caused by unmanaged groundwater pumping. This begs the question: how will these two promises be reconciled? Subject to change, this panel will discuss several related sub-topics: Assembly Bill 1390 and Senate Bill 226, SGMA in light of the Long Valley decision (1979), how basins adjudicated under SGMA will coalesce with bordering basins, conflicts between Groundwater Sustainability Plans and water rights, conflicts between technical data and court decisions concerning “sustainable yield”, and separation of powers between Groundwater Sustainability Agencies and the courts. McGeorge maintains connections with the following list of potential panelists. All are experts in the field and represent different interests that will provide for engaging discussion and debate.
This panel will discuss the courts’ role in balancing the need to achieve “sustainable yield” under SGMA and respecting the rights of groundwater pumpers. SGMA incorporates the existing framework for water rights in California, assuring that nothing in SGMA will alter surface or groundwater rights under the common law. However, SGMA was created to prevent the “undesirable results” caused by unmanaged groundwater pumping. This begs the question: how will these two promises be reconciled? Subject to change, this panel will discuss several related sub-topics: Assembly Bill 1390 and Senate Bill 226, SGMA in light of the Long Valley decision (1979), how basins adjudicated under SGMA will coalesce with bordering basins, conflicts between Groundwater Sustainability Plans and water rights, conflicts between technical data and court decisions concerning “sustainable yield”, and separation of powers between Groundwater Sustainability Agencies and the courts. McGeorge maintains connections with the following list of potential panelists. All are experts in the field and represent different interests that will provide for engaging discussion and debate.
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The Honorable Ronald Robie
Associate Justice, Third District of the California Courts of Appeal Eric Garner Managing Partner, Best Best & Krieger LLP Christina Babbitt Senior Manager, CA Groundwater Program at Environmental Defense Fund |
Panel 6: 1:45pm - 3:00pm
Building a Strong Foundation: How GSA Structure Affects Transparency, Representation, and Participation
UC Berkeley School of Law
SGMA required Groundwater Sustainable Agencies (GSAs) to form in the State’s high and medium priority basins and subbasins. Now, these newly formed GSAs are developing plans to help them achieve sustainable groundwater management. This panel will examine how GSA structure affects transparency, representation, and participation, using case studies of SGMA implementation in Butte County where many GSAs are managing the same subbasins, and in the Tulare Lake Basin, where advocates are working to ensure that GSAs address EJ communities’ needs in their groundwater sustainability plans.
SGMA required Groundwater Sustainable Agencies (GSAs) to form in the State’s high and medium priority basins and subbasins. Now, these newly formed GSAs are developing plans to help them achieve sustainable groundwater management. This panel will examine how GSA structure affects transparency, representation, and participation, using case studies of SGMA implementation in Butte County where many GSAs are managing the same subbasins, and in the Tulare Lake Basin, where advocates are working to ensure that GSAs address EJ communities’ needs in their groundwater sustainability plans.
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Nell Green Nylen (moderator)
Senior Research Fellow, Wheeler Water Institute, Center for Law, Energy & the Environment Nicole Kuenzi Staff Counsel, State Water Resources Control Board Paul Gosselin Director, Butte County Department of Water and Resource Conservation Adriana Renteria Regional Water Management Coordinator, Community Water Center |
MCLE Materials
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