Best Best & Krieger News Feed Best and Krieger is a Full Service Law Firmen-us27 May 2015 00:00:00 -0800firmwise With the Drought: State Water Resources Control Board (WRCB) Mandatory Water Consumption Reduction Measures<p>Best Best &amp; Krieger LLP Partner Kelly Salt will present &ldquo;Dealing With the Drought: State Water Resources Control Board (WRCB) Mandatory Water Consumption Reduction Measures&rdquo; at Law Seminars International&rsquo;s program, &ldquo;Municipal Water Utility Ratemaking in California.&rdquo; Kelly will give an update on Gov. Jerry Brown&rsquo;s Executive Order requiring 25 percent reductions and the Water Resources Control Board&rsquo;s implementation efforts and how the rate structuring/pricing/penalty provisions for encouraging conservation mesh with Proposition 218.</p> <p>The day-long seminar will be in Sacramento, and webcast live.</p> <p><strong>When</strong><br /> Monday, July 20, 2015<br /> 2:45 p.m.</p> <p>For more information or to register, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>.</p>Conferences & Speaking Engagements20 Jul 2015 00:00:00 -0800 Manager Leadership Summit<p>Best Best &amp; Krieger LLP partner's&nbsp;Fernando Avila and Nancy Park&nbsp;are among the speakers at the California Special District Association's event, &ldquo;General Manager Leadership Summit.&rdquo; <br /> <br /> <u>BB&amp;K Speakers:</u><br /> <br /> <strong>Fernando Avila</strong>, &quot;CEQA: What Special Districts Need to Know in 2015 and Beyond&quot;<br /> This panel will address the recent changes to CEQA from legislation and cases decided in 2015. Panelists will discuss how endangered species laws integrate with CEQA requirements for biological resources, effectively use CEQA exemptions following recent California Supreme Court rulings and analyzing the impacts of climate and greenhouse gases as part of public projects.<br /> 2:00 - 3:15 P.M.<br /> <br /> <strong>Nancy Park</strong>, &ldquo;Behind the Scenes Negotiating Secrets&rdquo;&nbsp;<br /> An overview of the changes in legislation related to public sector labor relations in the past year and a look at decisions from the Public Employment Relations Board that deal with how agencies interact with employee organizations.<br /> 3:30 - 4:30 P.M.<br /> <br /> <strong>When</strong><br /> Monday, July 13, 2015<br /> <br /> <strong>Where</strong><br /> Hyatt Regency Newport Beach<br /> 1107 Jamboree Road<br /> Newport Beach, CA 92660<br /> <br /> For more information or to register, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>.</p>Conferences & Speaking Engagements13 Jul 2015 00:00:00 -0800 Water Law & Policy<p>It's official. The drought continues.</p> <p>But 2015 is very different from 2014: Gov. Jerry Brown has ordered sweeping new requirements for urban and agricultural water conservation; the State Water Resources Control Board has reduced water diversions via water right curtailment orders and rulemakings; the Water Bond has passed and in this new era of intense, &quot;mega-drought,&quot; everyone is looking at water reuse, recycling, and desalination to help bridge the gap between frighteningly low water availability and ever-increasing water demand.</p> <p>With these and other topics in mind, Argent Communications is presenting a two-day conference California Water Law &amp; Policy, co-chaired by BB&amp;K Partner Steven Anderson. BB&amp;K attorneys Andre Monette, Kelly Salt and Roderick Walston are also speaking at the conference, which is co-sponsored by the firm.</p> <p>This informative, practice-oriented two-day event is a must-attend for anyone who needs to understand California's complex water issues. Whether you're an attorney, water district staff or board member, federal or state government practitioner, consulting engineer, city or county counsel or planner, environmental organization representative, developer or agricultural business owner, you'll get the latest detailed updates on these and other crucial and complex issues.<br /> <b><i><br /> Mention BB&amp;K when registering and receive $100 off the tuition price.</i></b></p> <p><u>BB&amp;K Speakers</u></p> <p><b>Steve Anderson</b>, Conference Overview<br /> Monday, June 15, 8:30 a.m.<br /> Tuesday, June 16, 8:30 a.m.</p> <p><b>Andre Monette</b>, &ldquo;Water Quality Control and Drought: The Legal Aspects of Stormwater Capture and Use&rdquo;<br /> Monday, June 15, 1:30 p.m.</p> <p><b>Kelly Salt</b>, &ldquo;Prop. 218: The Future of Tiered Conservation Rates (San Juan Capistrano Case):<br /> Monday, June 15, 3:45 p.m.</p> <p><b>Roderick Walston</b>, &ldquo;Developing Groundwater Disputes: A Closer Look &mdash; Does the Reserved Rights Doctrine Apply to Groundwater? The Agua Caliente Case&rdquo;<br /> Tuesday, June 16, 10:15 a.m.</p> <p><strong>When</strong><br /> Monday, June 15 &ndash; Tuesday, June 16, 2015</p> <p><strong>Where</strong><br /> Hotel Nikko San Francisco<br /> <a target="_blank" href=""><span style="color: #0000ff">Click here</span></a> for more information</p> <p>To register, <a target="_blank" href=";mmurlid=72082185"><span style="color: #0000ff">click here</span></a></p>Conferences & Speaking Engagements15 Jun 2015 00:00:00 -0800 Administrative & Public Environmental Law Conference<p>Best Best &amp; Krieger Managing Partner Eric Garner and Of Counsel Sara Owsowitz will be speaking at The Administrative &amp; Public Environmental Law Conference, co-presented by The State Bar of California Public and Environmental law sections. BB&amp;K is a sponsor if of the one-day conference.</p> <p><u>BB&amp;K Speakers</u></p> <p><b>Sarah Owsowitz</b>, &ldquo;Preparing the CEQA Administrative Record&rdquo;<br /> 11:10 a.m. &ndash; 12:25 p.m.<br /> What goes into (and what stays out of) the administrative record prepared in California Environmental Quality Act litigation is one of the most difficult and controversial topics facing practitioners. What is required? What may be excluded? What is privileged? What about emails? What if a Public Records Act request is filed concurrently? Who pays for it all? Panelists will also provide advice on the use of joint defense agreements to maintain privileges between agency and applicant counsel communications involving scoping potential mitigation measures and responding to comments. This session will address recent case law answering these questions and provide practical tips for compliance.</p> <p><b>Eric Garner</b>, &ldquo;The Effects of California's Drought on Public Entities&rdquo;<br /> 3:15 &ndash; 4:45 p.m.<br /> This session will focus on legislative and regulatory developments resulting from California's long-standing drought, including from the state and local water boards and local entities. Panelists will provide advice and discuss the enforcement of programs to limit watering, diversions and code enforcement. The session will also address current water law rights and usage priorities, including the State's recent assumption of jurisdiction over groundwater rights and any anticipated changes to these laws.</p> <p><strong>When</strong><br /> Friday, June 12, 2015</p> <p><strong>Where</strong><br /> UC Hastings College of the Law<br /> San Francisco</p> <p>For more information or to register, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>.</p>Conferences & Speaking Engagements12 Jun 2015 00:00:00 -0800 Regulations for Small Systems<p><br /> Best Best &amp; Krieger LLP Partner Kelly Salt is a speaker during the Association of California Water Agencies' webinar, titled: &quot;Regulations for Small Systems.&quot;<br /> <br /> The webinar, one in a series of special events on urban water conservation in the California drought, will provide an overview by the State Water Resources Control Board of the emergency regulations adopted May 5 and identify tools and resources available to water agencies as they work to meet conservation targets ranging from 4 percent to 36 percent.<br /> <strong><br /> When:</strong><br /> Tuesday, May 26, 2015<br /> 1 - 2:30 p.m.<br /> <br /> For more information or to register, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>.</p>Conferences & Speaking Engagements26 May 2015 00:00:00 -0800 AB 52's New CEQA Requirement<p>Best Best &amp; Krieger attorneys Sarah Owsowitz and Christopher Diaz will present a webinar for the State Bar of California Public Law Section, titled: &ldquo;AB 52&rsquo;s New CEQA Requirement.&rdquo; Starting in July 2015, AB 52 will require all public agencies acting as lead agencies under CEQA to enter into consultation with requesting tribes prior to the release of a negative declaration or an EIR. Consultation may concern the level of environmental review necessary, the significance of a tribal cultural resource and of a project's impact on that resource, and project alternatives and/or mitigation, including those recommended by the tribe. A &quot;tribal cultural resource&quot; &ndash; a new term for CEQA &ndash; is any site, feature, place, cultural landscape, sacred place, or object with cultural value to a California Native American tribe. Significantly, AB 52 applies not just to federally recognized tribes (as is the case with Section 106 review under the National Historic Preservation Act), but to all tribes on the California Native American Heritage Commission's &quot;contact list.&quot;</p> <p><strong>When</strong><br /> Thursday, May 21, 2015<br /> Noon &ndash; 1 p.m.</p> <p><a target="_blank" href=""><span style="color: #0000ff">For more information or to register, click here.</span></a></p>Conferences & Speaking Engagements21 May 2015 00:00:00 -0800 Partner Michelle Ouellette Named a Top Woman Lawyer by the Daily Journal<p><b>RIVERSIDE, Calif.</b> - Best Best &amp; Krieger LLP Partner Michelle Ouellette is among the <i>Daily Journal&rsquo;s</i> Top 100 Women Lawyers in California. While her recent environmental law accomplishments were considered, the legal newspaper highlighted her work leading the Santa Margarita Water District legal team in overcoming challenges to a water recovery and storage project.</p> <p>An Orange County Superior Court&rsquo;s ruling last year rejected six challenges to the environmental review and approvals by SMWD and the County of San Bernardino related to the Cadiz Valley Water Conservation, Recovery and Storage Project. The public-private partnership with Cadiz, Inc. to pump and transmit groundwater secures an annual average of 50,000 acre-feet of water for delivery to SMWD and other water users.</p> <p>That case is important to me because of the drought in California and the need to provide water to our citizens &nbsp;Ouellette said in an interview with the <i>Daily Journal</i>.</p> <p>&ldquo;I rely on a large group of people at BB&amp;K who work so hard and so diligently for our clients,&rdquo; Ouellette said. &ldquo;They&rsquo;re really the success story here &mdash; not me.&rdquo;</p> <p>For 26 years, Ouellette has practiced in BB&amp;K&rsquo;s Environmental Law and Natural Resources practice group. She effectively and efficiently helps cities, counties, special districts, developers and other clients in the private sector to navigate the requirements of the California Environmental Quality Act, the National Environmental Policy Act &nbsp;and state and federal endangered species laws.</p> <p>The <i>Daily Journal</i> editors noted in the special Top Women Lawyers supplement that it&rsquo;s only been a short time that female lawyers have had the opportunity to reach &ldquo;legendary&rdquo; status for their complex and impactful legal work. The women on this list, like Ouellette, they wrote, have achieved that status.</p> <p><a target="_blank" href=";shNewsType=Supplement&amp;selOption=Top%20Women%20Lawyers&amp;NewsId=1301&amp;pubdate=2015-05-13#section=tab3.cfm%3Fseloption%3Dnews%26pubdate%3D2015-05-13%26shNewsType%3DSupplement%26NewsId%3D941102%26sdivId%3Dtab3"><span style="color: rgb(0,0,255)">Read more in the <i>Daily Journal</i></span></a> (subscription required).</p> <p style="text-align: center">###<br /> <br /> &nbsp;</p> <p><b><i>Best Best &amp; Krieger LLP</i></b><i> is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington D.C. For more information, visit <a target="_blank" href=""><span style="color: #0000ff"></span></a></i>&nbsp;<em>or follow @BBKlaw on <a target="_blank" href=""><span style="color: #0000ff">Twitter.</span></a></em></p>Press Releases19 May 2015 00:00:00 -0800 Project a Lesson for Agencies<p><strong>By Christopher Diaz</strong></p> <p>Traffic. We all loathe it, yet we endure it day in and day out &mdash; especially in megacities like Los Angeles and San Francisco. In the current real estate upswing, many are questioning how developers can continue to build without further wreaking havoc on the daily commute.</p> <p>As part of all development in California, traffic, along with many other environmental topics, are scrutinized under the terms of the California Environmental Quality Act. Before any city or county can approve a development project, an analysis of all environmental impacts is required in the form of an environmental impact report or some other more simplified environmental review.</p> <p>Traffic continues to be a challenge to development in California. Because megacities continue to struggle to keep people and commerce moving, if traffic is not properly studied and analyzed under CEQA, it can halt development and hold up a project for years.</p> <p>This exact scenario is playing out in the city of Los Angeles with the proposed Millennium Hollywood project. The project is proposing two skyscrapers, one 39 stories arid the other 35 stories, bordering the historic Capitol Records building right in the middle of the glitz and glamour of traffic-congested Hollywood.</p> <p>&hellip;</p> <p><i>To read the full article in the May 19, 2015 Daily Journal, <a target="_blank" href=";pubdate=04/22/2015&amp;shNewsType=NEWS&amp;NewsId=-1&amp;sdivId=&amp;screenHt=670#section=DJStoryContent.cfm%3Fseloption%3DNEWS%26pubdate%3D04/22/2015%26shNewsType%3DNews%26NewsId%3D940798%26sdivId%3DmainContent1"><span style="color: #0000ff">click here</span></a> (subscription required).</i></p>BB&K In The News19 May 2015 00:00:00 -0800 Where's the Line?: Ethical Tensions Between Public Disclosure, Our Ethical Duties as Lawyers, and Constitutional Rights<p><br /> Best Best &amp; Krieger Partner&nbsp;Charity Schiller&nbsp;is a speaker&nbsp;the State Bar of California&nbsp;Environmental Law&nbsp;Section webinar, titled: &quot;Where's the Line?: Ethical Tensions Between Public Disclosure, Our Ethical Duties as Lawyers, and Constitutional Rights.&quot;<br /> <br /> Unique ethical issues confront lawyers practicing administrative law in the land use entitlement and environmental enforcement contexts. Whether representing a public agency, a property owner or another interested party, such as an environmental group, union, neighbor or neighborhood group, lawyers have ethical duties to clients. Public agencies also must comply with open records and meetings laws, as well as other laws designed to further transparency. Real parties and interested parties have constitutional rights to petition government, yet concerns about ex parte communications and undue influence sometimes restrict such outreach. This panel will outline the framework of these potentially competing rights and responsibilities, discuss how recent appellate cases highlight the tension between these various duties, and consider strategies to balance these issues without running afoul of our ethical responsibilities as attorneys.</p> <p><strong>When</strong><br /> Tuesday, May 19, 2015<br /> Noon &ndash; 1:30 p.m.</p> <p><a href=";sortBy=&amp;q=EL_5-19-15&amp;searchType=1&amp;groupId=453de0a1-6f0a-4531-a950-5949e4a17d95" target="_blank"><span style="color: #0000ff">For more information or to register, click here.</span></a></p>Conferences & Speaking Engagements19 May 2015 00:00:00 -0800's Office of Planning and Research Releases Draft Technical Advisory for Formal Native American Consultations Under AB 52<p>The Office of Planning and Research released a Draft Advisory earlier this month entitled &ldquo;Discussion Draft Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA&rdquo; to provide guidance to lead agencies regarding changes to CEQA requirements relating to tribal cultural resources pursuant to Assembly Bill 52.</p> <p>AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project&rsquo;s potential impact to a tribal cultural resource. In addition, AB 52 requires that lead agencies, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project.</p> <p>AB 52 goes into effect July 1. Its requirements will apply to all projects for which a lead agency has not yet issued a notice of preparation of an environmental impact report or notice of intent to adopt a negative declaration.</p> <p>AB 52 does not require OPR to adopt updates to the initial study checklist in Appendix G of the CEQA Guidelines until July 1, 2016. However, the <a target="_blank" href=""><span style="color: #0000ff">Draft Advisory</span></a> notes that lead agencies need not wait to update their own procedures. It suggests that lead agencies apply the following question in their environmental documents: Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code section 21074?</p> <p>The Draft Advisory also summarizes AB 52&rsquo;s requirements for consultation and tribal cultural resources. For example, it reiterates the definition of tribal cultural resource provided in the new Public Resources Code section 21074 and summarizes AB 52&rsquo;s new notification requirements. It also summarizes rules governing confidentiality during the tribal consultation process, which generally prohibit lead agencies from disclosing information provided by a California Native American tribe during the consultation process, without the prior written consent of the tribe.</p> <p>Finally, the Draft Advisory also provides a readable flowchart summarizing the compliance timeline and consultation process mandated by AB 52, which may be helpful to lead agencies.</p> <p>While the Draft Advisory does not add appear to add any information not already found in AB 52, OPR is accepting comments on the Draft Advisory through June 1. Comments may be sent via e-mail to <a href=""><span style="color: #0000ff"></span></a>.</p> <p>For more information about how AB 52 or OPR&rsquo;s Draft Advisory will affect your agency and its CEQA review process, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href=";LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a target="_blank" href=""><span style="color: #0000ff">BB&amp;K attorney.</span></a></p> <i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i>Legal Alerts18 May 2015 00:00:00 -0800 Empire Real Estate Community Focuses on Water Restrictions<p><b>By Neil Nisperos</b></p> <p>New state water restrictions by the State Water Resources Control Board to help speed along a historic conservation effort in light of the drought were shared with members of the local real estate community at a forum here.</p> <p>Among the ideas presented by panelists were a push toward more drought-tolerant landscaping and an emphasis on higher density and water-efficient development. Much of California&rsquo;s water use &mdash; 60 percent to 70 percent &mdash; goes to watering lawns and other turf, officials said.</p> <p>&hellip;</p> <p>Water agencies around the state are now required to conserve a significant amount of water, said event panelist Steven Anderson, a partner with the Riverside-based law firm Best Best &amp; Krieger. Among the prohibitions: outdoor water runoff into the street; using hoses without nozzles; a ban on street median irrigation; and non-recirculated fountains.</p> <p>&ldquo;So they&rsquo;ve got to march forward now and start implementing programs in order to save that amount of water,&rdquo; Anderson said of regional water agencies. &ldquo;This (discussion) is part of the education of the community about what folks in the development community and the commercial brokerage community can do and expect with respect to saving water for the commercial developments they&rsquo;re involved in and what they can do to help.&rdquo;</p> <p><i>To read the full article, which was published in the May 17, 2015 edition of the Inland Valley Daily Bulletin, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>.</i></p>BB&K In The News17 May 2015 00:00:00 -0800 Water Technology Summit Innovation Trumps All in Battle Against California Drought<p><strong>By Daniel Nussbaum</strong></p> <p>&hellip;</p> <p>Engineers, manufacturers, attorneys, water district managers, state water bureaucrats, and academics gathered at the Pasadena Hilton on Thursday for the first-ever Water Technology and Funding Summit in an attempt to solve it.</p> <p>&hellip;</p> <p>Eric Garner, managing partner at Best Best and Krieger and a former Los Angeles Water Lawyer of the Year, described the dangers of &ldquo;groundwater overdraft,&rdquo; in which deep underground water wells draw more water than is returned through the earth naturally.</p> <p>Garner praised the state&rsquo;s passage of the Sustainable Groundwater Management Act for &ldquo;bringing these basins into management and correcting the overdraft issue.&rdquo;</p> <p>&ldquo;It&rsquo;s hard to miss the stories in the Central Valley right now, of falling land levels due to subsidence, due to over-pumping,&rdquo; Garner said. &ldquo;It&rsquo;s okay to draw on that reserve account in the drought. In fact, that&rsquo;s what it&rsquo;s there for. But it&rsquo;s not okay to do that if you&rsquo;re not replenishing it in times of plenty, and that&rsquo;s what has not been going on.&rdquo;</p> <p>Garner also touched on regulations recently approved by the State Water Resources Control Board, under which every city and community in California must reduce water usage to accommodate a 25 percent statewide cut. Garner called the new restrictions a &ldquo;dramatic change&rdquo; that would &ldquo;create big challenges,&rdquo; but he stressed the importance of innovation in future conservation efforts. While desalination is &ldquo;still expensive,&rdquo; the attorney pegged drought-resistant landscaping as a promising area for growth.</p> <i>To read the full article, which was published on May 15, 2015 in, <a target="_blank" href=""><span style="color: #0000ff">click here.</span></a></i>BB&K In The News15 May 2015 00:00:00 -0800 52: CEQA's New Perspective on the Environment and Tribal Cultural Resources<p>I. INTRODUCTION</p> <p>Assembly Bill 52, one of the most significant additions to the California Environmental Quality Act (&ldquo;CEQA&rdquo;) in recent years, will, un-deniably, impose significant new obligations on public agencies.1 While at first blush, AB 52&rsquo;s large number of new requirements and definitions could appear to add unnecessary new layers to complying with CEQA, a close reading of the statute confirms that, carefully implemented, it can be a mechanism for strengthening CEQA documents by treating cultural resources in a comprehensive manner from the outset of the environmental review process.</p> <p>Beyond the new obligations, the AB 52-required processes provide real benefits to public agencies. CEQA is a disclosure statute, meant to inform the public and decision-makers about the environmental impacts of a project so that decision-makers can make a considered balancing of a project&rsquo;s impacts benefits before considering any approvals. One of the most troublesome aspects of CEQA for public agencies is preparing a document, confident in its adequacy, only to learn, after publication of a draft environmental report or a draft negative declaration, and often after the expenditure of considerable time and resources, that there may be an important piece of information or subject missing from the document. But now, through the AB 52 consultation process, the public agency would learn at the beginning of the CEQA process, rather than close to the end, whether there might be significant Tribal issues that could be addressed via mitigation, project design modification and/or outreach.</p> <p>The following overview of AB 52 details how this new statute can help public agencies to provide a full picture to the public and decision-makers of a project&rsquo;s potential to impact a Tribal Cultural Resource from the outset&mdash;a practice that, despite the undeniable implications regarding cost and time, will hopefully add certainty to the CEQA process as well as aiding in the protection of significant pieces of California&rsquo;s cultural heritage.</p> <p>&hellip;</p> <i>To read the entire article in the Spring 2015 Public Law Journal, <span style="color: #0000ff"><a href="88E17A/assets/files/Documents/BBK-WC-CalPubLawJrnl-CEQA-Owsowitz.pdf">click here</a></span><span><span style="color: #0000ff">.</span> First published in the Public Law Journal, a quarterly publication of the Public Law Section of the State Bar of California. Reprinted with permission.</span></i>BB&K In The News15 May 2015 00:00:00 -0800 Challanges in Implementing the Sustainable Groundwater Management Act<br /> Best Best &amp; Krieger LLP attorney&nbsp;Sarah Foley will provide an overview of the State Groundwater Management Act at the American Groundwater Trust's program, &quot;Groundwater Law.&quot; The overview is part of a panel discussion that will cover the technical, financial and legal challenges surrounding SGMA.<br /> <br /> <strong>When</strong><br /> Friday, May 15<br /> 10: 50 a.m. - Noon<br /> <br /> <strong>Where<br /> </strong>DoubleTree by Hilton San Francisco Airport<br /> 835 Airport Blvd.<br /> Burlingame, CA 94010<br /> <br /> For more information or to register, <a target="_blank" href=";id=204"><span style="color: #0000ff">click here</span></a>.Conferences & Speaking Engagements15 May 2015 00:00:00 -0800's Water: Drought, Finding Water, The Water Bond and Interpreting New Groundwater Regulation<p>Water is our most essential resource and is at the center of California&rsquo;s economy. The current historic drought has highlighted this importance and made it very obvious how dependent California is on our &nbsp;aging infrastructure that, in many cases, moves water&nbsp;hundreds of miles. As California faces the prospect of a worsening drought, it is imperative that we understand the water challenges we face and work together to develop solutions. A continuing shortage &nbsp;of water will impact almost all aspects of our economy.</p> <p>Program Chair and BB&amp;K Managing Partner <b>Eric Garner</b>, and attorneys <b>Joseph Byrne</b>, <b>Kelly Salt</b> and <b>Glen Price</b>, will be joined by other leaders in the water field to discuss important new water-related legislation, what the public and private sectors are doing to deal with the &nbsp;drought, and what our water future holds. This is a critical time in water law. How we address &nbsp;the pressing issues that face us will impact the future of California in many ways, including &nbsp;the State&rsquo;s continued &nbsp;development and growth. The program is designed for those in both the business and public sectors who want the latest information on &nbsp;how water issues may affect them going forward. <br /> <br /> <strong>To recieve a $100 discount, register by telephone to 206-463-4400 or 800-574-4825 and use code &quot;FAC100&quot;</strong></p> <p><strong>BB&amp;K Speakers<br /> </strong><br /> Eric Garner<br /> 9 a.m. Introduction and Overview<br /> 3 p.m. &ldquo;Where Do You Stand? Complying with New Groundwater Regulations and Preparing for More Legislation&rdquo;</p> <p>Kelly Salt<br /> 11:15 a.m. &ldquo;Water Conservation: Best Practices and Dealing with the Financial Impacts of Successful Conservation&rdquo;</p> <p>Glen Price<br /> 1:45 p.m. &ldquo;Making Sure Your New Development Has Water and/or Rights&rdquo;</p> <p>Joseph Byrne <br /> 4 p.m. &ldquo;How to Find Money and Finance Water Projects as Regulatory Requirements Increase&rdquo;</p> <p><strong>When</strong><br /> Friday, May 15, 2015<br /> 9 a.m. &ndash; 4:30 p.m.</p> <p><strong>Where</strong><br /> DoubleTree by Hilton L.A. Downtown<br /> 120 S. Los Angeles Street<br /> Los Angeles, CA 90012<br /> The seminar will also be available via a live webinar and through pre-orders of video-on-demand or DVDs.</p> <p>For more information or to register, visit <a target="_blank" href=""><span style="color: #0000ff">The Seminar Group&rsquo;s website</span></a>.</p>Conferences & Speaking Engagements15 May 2015 00:00:00 -0800 Perspectives on Water and Society<p>Best Best &amp; Krieger LLP Managing Partner Eric Garner will be speaking on a panel titled &ldquo;Global Perspectives on Water and Society&rdquo; at Water Technology Hub&rsquo;s Water Technology &amp; Funding Summit. BB&amp;K is also a sponsor of the one-day event.</p> <p><strong>When</strong><br /> May 14, 2015<br /> 9:10 a.m.</p> <p><strong>Where</strong><br /> Hilton Pasadena</p> <p>For more information or to register, <a target="_blank" href=""><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements14 May 2015 00:00:00 -0800 Board Issues Curtailment Notices of Surface Water Rights Diversions<p>Just as it did in 2014, the State Water Resources Control Board has issued several notices of curtailment for surface water rights holders in various watersheds because California&rsquo;s extreme drought has resulted in insufficient water supplies to serve all water-right holders. On May 1, the State Board issued a notice of unavailability of water and immediate curtailment for those diverting water in the Sacramento River watershed under post-1914 appropriative rights. The notice explains that most or all pre-1914 rights may also be curtailed later this year.</p> <p>The State Board&rsquo;s decision is based on reservoir storage levels and inflow projections and forecasts for future precipitation, or lack thereof. This and other curtailment notices follow the Gov. Jerry Brown&rsquo;s April 1 Executive Order continuing California&rsquo;s drought state of emergency declaration, as well as a measurement of the lowest snowpack levels in recorded history. Decreased surface water suppliers will lead to increased groundwater pumping of already declining supplies.</p> <p>Five other curtailment notices have been issued in the past month:</p> <ul> <li>April 30: Curtailment of Term 91 water rights. Project water from the Central Valley Project or State Water Project is being released to meet water quality standards in the Sacramento-San Joaquin Delta watershed, and those with Term 91 conditions in their water permits and licenses are prohibited from diverting this water pursuant to the curtailment notice.</li> <li>April 23: Curtailment of post-1914 appropriative rights in the San Joaquin River watershed. Pre-1914 rights are also expected to be curtailed later this year.</li> <li>April 23: Curtailment of junior priority class rights in the Scott River watershed.</li> <li>April 17: Curtailment of post-1914 appropriative water rights holders in the Deer Creek watershed and flow requirements for fish protection for all water rights holders.</li> <li>April 3: Curtailment of post-1914 appropriative water rights holders in the Antelope Creek watershed and flow requirements for fish protection for all water rights holders.</li> </ul> <p>The State Board is also reviewing riparian rights and considering curtailments for the San Joaquin River tributaries and the Sacramento-San Joaquin River watershed and Delta.</p> <p>Failure to comply with these curtailment notices may result in administrative fines, cease-and-desist orders or prosecution in court. The State Board may levy fines of $1,000 per day of violation and $2,500 for each acre-foot diverted in excess of a valid water right. The violation of cease-and-desist orders may result in fines of $10,000 per day.</p> <p>For more information about how these curtailments will affect your water rights, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href=";LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law &amp; Natural Resources</span></a> or <a target="_blank" href=";LPA=487&amp;format=xml"><span style="color: #0000ff">Special Districts</span></a> practice groups, or your <a target="_blank" href=""><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts13 May 2015 00:00:00 -0800 Ways California Water Restrictions are Affecting Real Estate<p>With California&rsquo;s state water board recently adopting emergency regulations aimed at cutting back the state&rsquo;s overall water use by 25 percent, developers are scrambling to get a handle on what the water restrictions might mean for their current and future projects.</p> <p>Among developers&rsquo; concerns are lengthy delays in getting project approval, the potential for opponents to use water as an additional means of attempting to block projects, and the tricky prospect of having to redesign both landscaping and interior water usage aspects of projects to meet the new state regulations.</p> <p>&hellip;</p> <p>With the difficulty in gaining approval and the threat of additional litigation, developers are likely going to have to make some drastic changes to the traditional landscaped lawns that often accompany multifamily and office campus projects, lawyers say.</p> <p>&ldquo;To meet the cut, it will be hard for people to continue watering,&rdquo; said Eric L. Garner of Best Best &amp; Krieger LLP.</p> <p>The solution for some developers will be &ldquo;xeriscaping,&rdquo; or designing desert-like lawns that require little or no water, Garner said.</p> <p>&hellip;</p> <p>Lawyers say developers are placing a much greater emphasis on finding any way possible to conserve water as they draw up their plans in preparation for navigating what is often a long entitlement process in California.<br /> <br /> &ldquo;There&rsquo;s a much greater emphasis on efficiency than you&rsquo;ve seen in the past,&rdquo; Garner said. &ldquo;Residential development can continue. It&rsquo;s just going to have to look a little different.&rdquo;</p> <p><i>To read the full article in Law360, which ran May 11, 2015, <a target="_blank" href=""><span style="color: #0000ff">click here</span></a>. (Subscription Required)</i></p>BB&K In The News12 May 2015 00:00:00 -0800 Water Resources Control Board Adopts Emergency Water Restrictions Throughout California<p>The State Water Resources Control Board took final action on <a target="_blank" href=""><span style="color: #0000ff">emergency regulations</span></a> designed to achieve an overall 25 percent reduction in potable urban water use across California. The regulations are designed to address a relentless four-year drought and mark the first time in the state&rsquo;s history for such action. The impacts for residents, businesses, industries and public institutions will be felt across the entire state.</p> <p>Draft versions of the regulations drew hundreds of comment letters, many containing criticism about the magnitude and structure of the restrictions. Nonetheless, the Board left intact nearly all of the tough provisions and adopted the final regulations May 5 after a 10-hour public hearing. The regulations include mandatory potable water production restrictions of up to 36 percent for many water suppliers. The regulations next will be submitted to the state Office of Administrative Law, which has 10 days to approve or deny them. If approved, the regulations would take effect immediately and run through February 2016.</p> <p>The historic regulations implement provisions contained in an Executive Order issued by Gov. Jerry Brown on April 1 to address the drought. The Board moved swiftly to implement several provisions in the Order by issuing a draft conceptual framework April 7, draft regulations April 18 and revisions to the regulations on April 28. The process drew nationwide attention.</p> <p>Under the regulations, the state&rsquo;s 411 &ldquo;urban water suppliers&rdquo; must achieve assigned water savings targets that collectively would result in a 25 percent reduction in potable urban water production across the state. &ldquo;Urban water suppliers&rdquo; are defined as those serving more than 3,000 customers or delivering more than 3,000 acre feet of water per year (but not suppliers functioning solely in a wholesale capacity). The emergency regulations include a tiering framework designed to place the greatest conservation demands on those agencies with the highest residential gallons per capita/per day water usage. The nine tiers have conservation standards ranging from 4 percent to 36 percent. Urban water suppliers are assigned to the tiers based on three months of summer residential gallons per capita/per day water usage data (July through September of 2014).</p> <p>The Board adjusted a provision in the final regulations to enable urban water suppliers to subtract the amount of water provided for commercial agricultural use from their potable water production total, subject to reporting and other criteria. The draft version of the regulations had provided a similar exception, but only for suppliers providing 20 percent or more of their total potable water production for commercial agricultural uses.</p> <p>Urban water suppliers must reduce total potable water production by the amount in their assigned conservation tiers. Compliance will be determined by comparing total potable water production between June 2015 and February 2016 with total potable water production in the same months of 2013. Urban water suppliers will have discretion in deciding how to achieve their conservation standards across residential, commercial, industrial and institutional sectors. The Board plans to begin assessing compliance, on a rolling cumulative basis, starting July 15, when urban suppliers must submit June monthly reports on water production. The regulations only apply to potable (drinkable) water and not non-potable types of water, such as recycled water.</p> <p>The regulations include enforcement provisions, including the ability of the state to issue conservation orders requiring additional actions on the part of suppliers not complying with their conservation standard. Board staff have emphasized that the emphasis will be on working cooperatively with agencies that are having difficulty achieving their mandated water savings.</p> <p><b>Previous Legal Alerts:</b></p> <ul> <li><a target="_blank" href=";an=39373&amp;format=xml"><span style="color: #0000ff">Tough Mandatory Water Restrictions of up to 36 Percent Retained in Draft Emergency Drought Regulation for California</span></a></li> <li><a target="_blank" href=";an=38987&amp;format=xml"><span style="color: #0000ff">California Court of Appeal Holds City's Tiered Water Rate Structure Violates Proposition 218</span></a></li> <li><a target="_blank" href=";an=38961&amp;format=xml"><span style="color: #0000ff">Draft Mandatory Regulations Restricting Water Use in California Released by State Water Resources Control Board</span></a></li> <li><a target="_blank" href=";an=38751&amp;format=xml"><span style="color: #0000ff">Proposed Framework for Mandatory Water Use Reductions in California Released</span></a></li> </ul> <p>If you have any questions about the regulations or how they may impact your municipality or agency, please contact the attorney authors of this legal alert listed to the right in the <a target="_blank" href=";LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law and Natural Resources</span></a> and <a target="_blank" href=";LPA=487&amp;format=xml"><span style="color: #0000ff">Special Districts</span></a> practice groups, or your <a target="_blank" href=""><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i>Legal Alerts07 May 2015 00:00:00 -0800 Groundwater Management Act<p>Best Best &amp; Krieger LLP attorney Sarah Foley will be speaking on the Sustainable Groundwater Management Act during this one-hour CLE Brown Bag program by the San Diego Bar Association Environmental and Land Use law sections. The historic groundwater management act was passed after Gov. Jerry Brown&rsquo;s declaration and proclamation of a drought emergency in January 2014. In times of drought many local agencies, business and individuals turn to groundwater to make up the difference based on a reduction in surface water supply.&nbsp; For those who rely on groundwater, many have reached the bottom of their wells and there is nothing left to pump.&nbsp; Because of a concern for overuse of groundwater and no real accountability, this has brought the sweeping legislative reform.</p> <p>The speakers will discuss the key components of the Act, the issues unresolved and additional measures the State Water Resource Control Board is taking to conserve surface water, promote recycled water and mandate public conservation efforts.&nbsp; We are still in a dire state of drought today and this reality highlights the fact that water demand will continue to increase, while supplies will continue to face both hydrologic and regulatory constraints.&nbsp; This growing tension will bring challenges, opportunities and a host of consequences. Fasten your seatbelts as California water law speeds into the 21st century.</p> <p><strong>When</strong><br /> Tuesday, May 5, 2015<br /> Noon &ndash; 1 p.m.</p> <p><strong>Where</strong><br /> San Diego County Bar Association Conference Center</p> <p>For more information or to register, <a target="_blank" href=";evAction=showDetail&amp;eid=22216"><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements05 May 2015 00:00:00 -0800