The relationship between the Sustainable Groundwater Management
Act and common law water rights is ripe for conflict. But, there
are paths Groundwater Sustainability Agencies can take to minimize
legal risks and move forward, according to Best Best & Krieger
LLP Managing Partner Eric Garner and his co-authors in "The Sustainable Groundwater Management Act
and the Common Law of Groundwater Rights — Finding a
Consistent Path Forward for Groundwater Allocation,"
published this month by the University of California, Los Angeles
Journal of Environmental Law & Policy.
The article examines common law water rights priorities, and
discusses where there is flexibility for finding solutions to meet
SGMA's goal of sustainable groundwater management. It
recommends measures GSAs can take to reduce litigation risk and
enhance the durability of their groundwater sustainability
plans.
Eric is joined by co-authors: Environmental Defense Fund California
Groundwater Program Senior Manager Christina Babbitt, O'Melveny
& Myers LLP Counsel Russ McGlothlin, University of Virginia
School of Law Professor and Associate Director of UVA's
Environmental Resilience Institute Leon Szeptycki and
O'Laughlin & Paris LLP Partner Valerie Kincaid.
The authors will discuss the article during a webinar Oct. 20:
Navigating SGMA Groundwater Allocations &
Minimizing Legal Risk.
Additional Reading
How Groundwater Managers Can Avoid the Courts as
They Divvy Up Water, EDF Growing Returns Blog
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.
