For immediate release Contact: Barbara Vlamis, Aqualliance (530) 895-9420

March 26, 2010 Carolee Krieger, CWIN (805) 969-0824

CEQA Is Fundamental to Managing California’s Water

Budget demands would undermine core environmental protections
California’s landmark Environmental Quality Act is fundamental to the responsible management of
California’s water supply. Prior to CEQA, water law was defined mostly by litigation between private
parties over ownership of water rights. After CEQA, water users also had to explicitly consider the
environment. Two landmark lawsuits show the importance of CEQA to areas of origin.

- The Owens Valley Restoration

In 1972, Inyo County sued Los Angeles over its management of the Owens Valley floor,
and won a restoration water to the lower Owens Valley River. The Owens Valley water
supply is now jointly managed by Inyo County and Los Angeles.

Mono Lake

In 1994, as part of the preparation of an Environmental Impact Report, the California

State Water Resources Board gave the order that actually put water back in Mono
Lake.

As California’s water supply becomes a commodity, CEQA will become central to balancing the economic
value of water with environmental impacts of water diversions. The largest diverter of water is the
State Water Project, which sends water from Northern California via the Delta to cities in Southern
California. CEQA has been used to ensure that the SWP uses responsible assumptions in its projections
of water supplies.
 In 1994, the Department of Water Resources instituted the “Monterey Agreements,” which threw out
the safe yield of the project as the determining factor in water supply decisions. A CEQA challenge
followed. A landmark 2000 court decision ruled that the state could not rely on “"entitlements
[which] represent nothing more than hopes, expectations, water futures, or as the parties refer
to them, 'paper water.'" This is a critical decision for responsible use of California’s water.

California has large desert regions, and the temptation is ever present for developers to build with water
supplies that are mostly wishful thinking. Recent legislation requires major new developments to show
proof of a reliable water supply. Courts have held that CEQA is the fundamental law for enforcing this
requirement.

California faces unique challenges in the 21st century in living within its water supply. CEQA will be
fundamental to meeting the needs of a growing population while still protecting the environment.

CEQA and other modern environmental laws are essential to protecting the public trust and should not
be subject to revision for special interests in budget negotiations

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