Jay Lund writes,
This week’s short post is on groundwater law – from the viewpoint of physics. Water policy, management, and human law often misunderstand how groundwater and surface water work physically.
Bredehoeft, et al. (1982) distill a longstanding lament of many groundwater experts, “Perhaps the most common misconception in groundwater hydrology is that a water budget of an area determines the magnitude of possible groundwater development. Several well-known hydrologists have addressed this misconception and attempted to dispel it. Somehow, though, it persists and continues to color decisions by the water-management community.”
Continue reading at the California Water Blog here: Groundwater Law – Physical – “the water budget myth”
Kristin Dobbin, Jessica Mendoza and Michael Kuo write,
“The Sustainable Groundwater Management Act (SGMA) is an historic opportunity to achieve long-term sustainable groundwater management and protect drinking water supplies for hundreds of small and rural low-income communities, especially in the San Joaquin Valley.
Past research indicates that few of these communities are represented in the Groundwater Sustainability Agencies (GSAs) formed to implement the new law. This raises questions about the extent such communities are involved in groundwater reform and potential concerns about how small and rural drinking-water interests are being incorporated into Groundwater Sustainability Plans (GSPs). … ”
Read more from the California Water Blog here: Challenges and opportunities for integrating small and rural drinking water stakeholders in SGMA implementation
Brian Gray at the California Water Blog writes,
“In a recent decision in litigation over flows and salmon survival in the Scott River system, the California Court of Appeal has ruled that groundwater pumping that diminishes the volume or flow of water in a navigable surface stream may violate the public trust. The public trust does not protect groundwater itself. “Rather, the public trust doctrine applies if extraction of groundwater adversely impacts a navigable waterway to which the public trust doctrine does apply.”
The court also concluded that the Sustainable Groundwater Management Act (SGMA) does not preempt or preclude independent application of the public trust to groundwater pumping, finding “no legislative intent to eviscerate the public trust in navigable waterways in the text or scope of SGMA.”
These interpretations follow from both hydrology and law. … ”
Read more from the California Water Blog here: The public trust and SGMA