Welcome to the inaugural issue of Nossaman's California Water Views – 2023 Outlook. April 1st is an important milestone in California's water year – marking the annual snowpack assessment and related drought determination – so now is a good time to take stock of where we are, and what awaits.
Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys and policy advisors who are committed to the water sector to identify the pivotal issues they're watching now and for the year ahead. Their perspectives on issues ranging from climate change and infrastructure funding to an ever-evolving regulatory landscape are available in our 2023 Outlook.
Download Nossaman's California Water Views - 2023 Outlook to read more about these topics.
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Highlights include:
Funding California's Water Future
As communities look for ways to build and upgrade essential water,
wastewater and stormwater infrastructure, can available funding
from state and federal sources bridge the gap and get critical
projects flowing?
Federal Funding Spigot Remains Open
States and their public agencies are positioned to receive a shot
in the arm in the form of billions of federal dollars targeting
water infrastructure with a focus on improving supply reliability
and water quality.
Water Security Through Consolidation
Aging infrastructure, increasingly stringent water quality
regulations and more frequent and extreme weather events are some
of the reasons smaller water service providers are eyeing
consolidation as one option to insure clean, safe water for their
customers and communities.
WOTUS, Then and Now
Though the definition of waters of the United States (WOTUS) is
evolving, administration of and compliance with the federal Clean
Water Act will likely pose new challenges for the U.S. Army Corps
of Engineers, the U.S. Environmental Protection Agency and the
regulated community.
Controlling Contaminants, a Focus on PFAS
With the U.S. Environmental Protection Agency proposing National
Primary Drinking Water Regulation for six per- and poly fluoroalkyl
substances, many public water systems could require major treatment
infrastructure investments and/or abandonment of some sources of
water supply to comply.
The Future of Desalination, Post-Poseidon
Desalination is a polarizing topic in California. Advocates see a
new, drought-proof source of clean water to supplement traditional
supply while opponents point to costs, environmental impacts,
capacity and other limiting factors. In water-needy California, is
desal the future?
Adapting to Climate Change, Inland
Relocating inland to mitigate the effects of sea level rise may be
unpopular; however, with limited options available to coastal
municipalities and utilities, Morro Bay's new wastewater
treatment plant may provide a blueprint for the future.
A Flood of Concern for Public Agencies?
In light of recent inverse condemnation case law, property owners
experiencing the soggy aftermath of California's recent
atmospheric river events might think twice before pointing the
finger of blame at public infrastructure and public agency
owners.
Risk Spotlight: Focusing on Force Majeure
The unprecedented severity of inclement weather, including floods
and drought-fueled wildfires, is becoming an expected business risk
and is driving an evolution in the application of contractual force
majeure clauses.
Is Green Power the Future of Clean Water?
An increasing number of water purification projects are not
satisfied with simply providing additional water, but are also
attempting to make the purification process more efficient and
environmentally friendly with the utilization of and sale of
biogas.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.