CA WATER LAW SYMPOSIUM: Questions of common supply: SGMA requirements for interconnected surface water and groundwater

The Sustainable Groundwater Management Act (SGMA), passed in 2014, is California’s first statewide law that explicitly reflects the fact that surface water and groundwater are frequently interconnected and that groundwater management can impact groundwater-dependent ecosystems, surface water flows, and the beneficial uses of those flows.

SGMA requires groundwater sustainability agencies (GSAs) to manage groundwater to avoid six undesirable results, one of which is significant and unreasonable adverse impacts on beneficial uses of surface water. While this aspect of SGMA is clearly important, significant uncertainties exist regarding how GSAs will actually define and achieve this goal.  At the 2019 California Water Law Symposium, a panel of experts discussed the structure of SGMA and how it addresses these water connections, particularly in relation to fisheries and the public trust doctrine.

Seated on the panel:

• • • Rick Frank: Rick Frank is a professor of law at the UC Davis Law School.  For many years, he was with the California Attorney General’s office and litigated a number of very important water and environmental cases.
    • Andy Sawyer: Andy Sawyer is Assistant Chief Counsel at the State Water Resources Control Board.  He manages the activities of the Office of Chief Counsel involving water rights and the drinking water program.
    • Paul Kibel: Paul Kibel is a professor at Golden Gate University School of Law.  where he teaches a broad array of environmental courses and directs GGU’s Center on Urban Environmental Law.  He is also counsel with the Water and Power Law Group and on the advisory board of the San Francisco Baykeeper.
    • Letty Belin: Letty Belin is an attorney who specializes in tribal water rights, water law, and other natural resource issues.  Letty served as counsel to the Deputy Secretary of the Interior in Washington DC, most recently a visiting fellow at Stanford’s Water in the West program.

The panel was moderated by Kevin O’Brien, attorney and partner at Downey Brand and organized by students at Golden Gate University School of Law.

Click here to read this article at Maven’s Notebook.