California Eminent Domain Report

April 1st is an important milestone in California’s water year – marking the annual snowpack assessment and related drought determination. In the inaugural issue of Nossaman’s California Water Views – 2023 Outlook, our attorneys and policy advisors who are committed to the water sector identify the pivotal issues they’re watching now and for the year ahead.

Of particular interest to our readers, Brad Kuhn and Jillian Friess Leivas examine whether or not public agencies could face inverse condemnation liability for any flooding-related damages due to the recent storm events in California.

Other topics 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?
• The 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.
• 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.

Download Nossaman’s California Water Views - 2023 Outlook to read more about these topics.