33rd Real Property Retreat May 3, 2013 Yosemite National Park The State of California’s Water Perspectives on California’s Water Supply Reliability Gwyn-Mohr Tully - Moderator Mark Cowin – Director, DWR David Guy – President NCWA Roger Patterson – Asst Director, MWD California Trends California Population Growth and Urbanization 2014 - 38 Million People (Canada 34 Million); 2050 - 51 Million People 43 million acres of agricultural land; 9 million acres irrigated 14 million houses; Development converts 40,000 acres of ag land per year Interest Groups Vying for Limited Water Resources State, Federal and Local Agency Power and Interaction Urban, Agricultural, and Environmental Interest Groups Climate Change 50 to 90 year wet and dry cycles in past (Prof Ingram, UC Berkeley 2014) Current science indicates less snow pack (less snow precipitation, earlier snowmelt) Many severe hydrologic droughts lasting 10 years recorded in dendrochronological record (tree rings) California Precipitation 4 Variable & Extreme Over Time & Location Most precipitation occurs November - March California Statewide Precipitation SOURCE: http://education.usgs.gov/california/resources.html#water 5 California’s Average Major River Annual Runoff Systems ~71 MAF/Year Distribution of Average Runoff 56 MAF North (80%) 15 MAF South (20%) Distribution of Water Use 15 MAF North (33%) 29 MAF South (67%) N! California Water Supply Systems 4% 22% 12% 7% 55% Local -- 38.3 maf Colorado -- 4.8 maf Federal -- 8.1 maf State -- 2.9 maf Groundwater -- 15.0 maf 1998-2005 average.. Does not include reuse or recycling. Quantities vary by year. California Storage Reservoirs Snow Pack Surface Storage Groundwater Storage Current Regional Snowpack from Automated Snow Sensors - % of April 1 Average Current 7% Northern Sierra / Trinity Regional Snowpack: % of April Average 20% Central Sierra Southern Sierra 15% Statewide Average: 15% Data as of April 23, 2014 Updated 04/23/2014 09:15 AM Ending At Midnight - April 22, 2014 LEGEND Capacity Historical (TAF) Average % of Capacity | % of Historical Current Average Reservoir Trinity Lake Shasta Reservoir Lake Oroville Folsom Lake 53% | 65% 53% | 62% 53% | 66% 55% | 76% Conditions (As of April 22) New Melones Don Pedro Reservoir 40% | 64% 53% | 73% Exchequer Reservoir 26% | 46% San Luis Reservoir 47% | 52% Pine Flat Reservoir Millerton Lake 28% | 46% 38% | 54% Pyramid Lake Castaic Lake 92% | 102% 80% | 89% Graph Updated 04/23/2014 10:45 AM Groundwater Basins & Management 515 Basins & Subbasins • 61,900 square miles • In 57 of 58 counties • ~40% of California GW Management • Local/agency authority • 118 Management Plans • Cover ~25,900 sq. miles • ~42% of GW Basin area DRAFT California has Numerous Forms of Water Rights and Entitlements Riparian and Littoral Public Trust Doctrine Pre-1914 Appropriative Pueblo Rights Post 1914-Appropriative Federal Reserved Rights Overlying Groundwater Rights Prescriptive Rights Appropriative Groundwater Area of Origin Law Rights Foreign, Developed and Contract Water Entitlements Salvaged Water Central Valley Project Reclaimed and Recycled State Water Project Local Contracts Governance of California’s Water State of California is the “primary” authority Numerous Federal Agencies and courts regulate and affect water Numerous State Agencies and courts regulate and affect water Cities and Counties regulate and affect water Thousands of special districts, joint powers authorities, and private companies regulate and affect water (both land and water based) Fish Species and Water 34 species and subspecies of fish are listed as either threatened or endangered by the State of California or the federal government Endangered and threatened fish species affect California water policy Protection of fish species affects water supply reliability Why must real property lawyers understand water issues? Water supply reliability is the primary issue in agricultural land valuation and crop production Dry year reliability Cost to acquire water assets in business planning Land use planning decisions legally bound to tangible proof of water supplies and water supply plans General Plans, Specific Plans, SB 610 Water Supply Assessments, SB 221 Water Supply Verifications CEQA and the Vineyard Decision Water issues affect corporate activity Locating water-based business (e.g. brewery) Oil business and fracking Corporate Social Responsibility and Environmental Stewardship The Marriage of Land and Water For better or for worse? How much worse? How Reliable is Your Water? Drivers of reliability Hydrology, water right priority, regulatory issues, infrastructure capacity, competition for resources Protect against shortages “Location, Location, Location” Contractual protection Diversifying a water supply portfolio Leveraging reliability to entice high-water using industries Panel of Experts Mark Cowin – Director, California Department of Water Resources David Guy – President, Northern California Water Association Roger Patterson – Assistant General Manager for Strategic Water Initiatives, Metropolitan Water District of Southern California .