The Singapore Public Utilities Board (PUB) is known globally as a leading water utility. Because of the nation’s precarious geographic and political situation, PUB has led the way in developing alternative sources of water, such as reuse and desalination. The agency has undertaken and supported significant R&D work for water technology, which serves the dual purposes of meeting its own long-term water supply goals and helping new products reach international markets. Although PUB has led in reuse and desalination, it plans to expand its capacity further to meet projected water demands of p ..read more

Since 2012, I have had the privilege of providing training to more than 350 directors of California mutual water companies to satisfy the legal requirements of Assembly Bill 54 (2011). Given continued interest in the training, I will offer the course again on Tuesday, May 15, 2018 at 6:00 pm PDT. Because mutual water companies are spread across the state, making travel to a central location impracticable, the training will be conducted by webinar. The training will be similar to previous years, updated for new developments through 2017. As in past years, the training is free to all directors o ..read more

On November 27, 2017, the United States Supreme Court denied certiorari regarding the Ninth Circuit’s decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, 849 F.3d 1262 (March 7, 2017). Thus, the Supreme Court left in place the appellate decision, which was the first to hold that an Indian tribe may claim reserved rights in groundwater resources. The United States formed the Agua Caliente Reservation through executive orders in 1876 and 1877, with the purpose of providing a sustainable home in the Coachella Valley for the Agua Caliente Band of Cahuilla Indians ..read more

My firm Jackson Walker LLP was a member of the H2O4 Texas Coalition that helped support implementation of the Texas State Water Plan through creation of SWIFT. Administered by the Texas Water Development Board, that fund provides low-interest loans to local and regional governments for the development of water resources and infrastructure. H2O4 Texas made a series of videos about their efforts and were kind enough to mention our involvement ..read more

Supporters of Temperance Flat Reservoir have published a new video promoting this water storage project on the San Joaquin River. In August 2017, the San Joaquin Valley Water Infrastructure Authority filed an application with the California Department of Water Resources (DWR) for $1.3 billion in funding from Proposition 1. DWR is expected to issue a decision in the second quarter of 2018 regarding which water storage projects will receive funding. In the meantime, the video offers a summary of, and advocacy for, the project. Note: The author of this blog has no opinion on Temperance Flat Re ..read more

The California courts have released two opinions regarding cases of bad behavior at California water districts. They illustrate two problems that can occur in district governance. First, the Court of Appeal for the Sixth Appellate District released an opinion in People v. Collins, denying an appeal by Steve Collins related to his felony conviction for conflicts of interest while serving as a director on the Monterey County Water Resources Agency. The trial court denied a motion to reduce his conviction from a felony to a misdemeanor, based on his failure to pay restitution to a client in a sep ..read more

In 2016, the California Legislature made moderate amendments to the Sustainable Groundwater Management Act (SGMA), which go into effect on January 1, 2017. You can find an annotated version of SGMA here, including all the newest changes. Early in 2017, look for a revised version of my earlier white paper on the significant groundwater law, including regulations adopted by the California Department of Water Resources (DWR) and the formation of groundwater sustainability agencies (GSAs) across the state. Bills adopted in 2016 related to SGMA included: Assembly Bill 2874 (Gaines), which requires ..read more

Since 2012, I have had the privilege of providing training to approximately 300 directors of California mutual water companies to satisfy the legal requirements of AB 54 (2011). Given continued interest in the topic, I will offer the course on two dates this year. Because mutual water companies are spread across the state, making travel to a central location impracticable, the training will be conducted by webinar on the following dates: Tuesday, December 13, 2016 at 6:00 pm Pacific Thursday, December 15, 2016 at 6:00 pm Pacific The training will be similar to previous years, updated for new d ..read more

I am happy to report that the California Legislature did no harm to mutual water companies in 2016. Given the past few sessions, that should be considered a positive outcome. The only bill specifically naming mutual water companies that was passed by the Legislature, Senate Bill 1328, was vetoed by Governor Brown on September 24, 2016. That bill would have allowed the State Water Resources Control Board (SWRCB) to provide grants from the Greenhouse Gas Reduction Fund to implement drinking water, wastewater, water reuse and stormwater projects that were intended to decrease demand for fossil fu ..read more

The Internal Revenue Service has proposed changes to the rules by which it determines which entities may issue bonds for which the interest is exempt from federal income taxation. Issuance of tax-exempt bonds is by far the most common means of financing water and wastewater infrastructure in the United States, so the IRS proposal is significant for affected entities. The proposed rule would potentially affect irrigation or similar districts that supply water to a relatively small number of landowners, by excluding such districts from the definition of a “political subdivision.” Under current I ..read more