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The Law of the Colorado River:  An Opportunity for Change

The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding from the Inflation Reduction Act.  The balance of 700,000 acre-feet will need to be conserved […]

As an Excellent Winter Transitions to an Uncertain Spring, How Secure are Arizona’s Water Supplies?

Arizona’s water supplies have been front page news for months.  Both local and national media have reported on increasingly serious shortages on the Colorado River and the inability of the states that rely on the River to reach consensus on how to share those shortages.  Other outlets have reported on issues relating to Arizona’s groundwater […]

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Regulatory Burdens On Retailers Continue to Evolve

by Michael C. Ford In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business. Prop 65 Amendments. If your company sells consumer products in California (the 6th largest economy in the world!)[1], it will want to be familiar with recent amendments to the […]

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My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

by Mark D. Johnson Change is inevitable.  Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes.  Do the changes require a further or modified California Environmental Quality Act (“CEQA”) analysis?  A new California Supreme Court case, Friends of the College of San Mateo Gardens […]

MJ
Former Partner

Another Step Closer to Direct Potable Reuse: California Releases Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse

by Karlene E. Martorana The California State Water Board released its Draft Report on the Feasibility of Developing Regulations for Direct Potable Reuse (the “Draft Report”).  California Water Code Section 13561 defines “direct potable reuse” as “the planned introduction of recycled water either directly into a public water system, as defined in Health and Safety […]

KM
Former Counsel

Rooftop Solar Companies and Utility Regulation

by Raymond S. Heyman Rooftop solar companies and their trade associations are intervening in a variety of state utility regulatory proceedings around the country. In Arizona, for example, in the past two years they have intervened in three rate cases for investor owned electric utilities and two rate cases for member-owned electric cooperatives. Additionally, rooftop solar advocates have intervened […]

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RH
Former Partner

California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]