States are weighing changes to water law
A statehouse guide to legislative proposals.
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A major goal of my writing here is to make invisible systems more visible. And few things are as hidden and difficult to parse as the way that our laws change and adapt.
With the start of the new year, state lawmakers are convening to discuss changes to how water is managed in an arid Southwest that continues to face the triple threat of growing demand, historical overuse, and climate change.
What happens on the state level matters a great deal, which is why it’s worth looking at what new laws are moving through legislative bodies. So, I’ve started compiling a (not so) comprehensive list in a spreadsheet, highlighting here some of the pending legislation I’ve found interesting. Hope it’s helpful.
I’ll circle back every so often to let you know how things are progressing. If I’m missing things and you want to add anything to this, let me know.
NEVADA:
Creating a voluntary water rights buyback program: Assembly Bill 104 stands up a voluntary water rights retirement program authorized until 2035, building off a pilot program Nevada started in 2023. Supporters hope, by purchasing water rights in areas where water is overused, the state can find a sustainable balance between recharge (what goes in) and groundwater pumping.
Closing loopholes for geothermal water wells: Geothermal power plants rely on tapping into groundwater for their operations but are exempted from the same permit requirements as other water users because they return or reinject that water, so it is considered “non-consumptive.” Assembly Bill 109, backed by the Great Basin Water Network, aims to close that loophole.
A conservation-related bill: Assembly Bill 9 looks to expand the amount of time that irrigators can temporarily forgo use to improve wildlife habitat or benefit watersheds without having to fear they may run afoul of “use it or lose it” rules. The current rules for the conservation program are set at three years. This bill would change that to 10 years and amendments have proposed safeguards that aim to prevent speculators from taking advantage of the program.
Banning the sale of PFAS products and labeling: An omnibus public health bill, Senate Bill 173, would generally prohibit the sale of certain products—furniture, food packaging and juvenile products, among others—containing perfluoroalkyl and polyfluoroalkyl, more commonly known as PFAS or “forever chemicals.”
UTAH:
Prohibiting fluoride in public water systems: Earlier this month, lawmakers in Utah passed a bill, House Bill 81, that bans fluoridation in public water systems. Gov. Spencer Cox has not said whether he will sign the bill on an issue that has a long history in Utah, as the Salt Lake Tribune reports.
The water agent: House Bill 311 would give the state’s “water agent” more power and authority to negotiate deals for acquiring more water from outside the state’s borders, according to the Salt Lake Tribune.
The Colorado River Basin divide: House Joint Resolution 9 would clarify Utah’s position that, although the state has land in the lower and upper Colorado River Basin, it should be allowed to use water in any part of the state where it is needed.
Tiered-rate structure and conservation: Under House Bill 274, more cities and water providers in Utah could implement tiered water rates tied to use. Such rates are considered a conservation tool because they disincentivize excessive use. The bill would also require retail water suppliers to consider conservation in rates.
Rules on lithium brine mining: Similar to last year, the Utah Legislature is considering rules and permitting for extracting lithium and other dissolved minerals from groundwater. See House Bill 478.
Another good resource: The University of Utah Quinney College of Law has a very helpful legislative guide that looks at how proposals may affect the Great Salt Lake.
NEW MEXICO:
Overseeing Clean Water Act discharges: Two bills in New Mexico would give the state more authority to oversee compliance with the Clean Water Act. Senate Bill 21 and Senate Bill 22, taken together, would put New Mexico regulators in charge of Clean Water Act permitting and include greater protection for wetlands that were exempted under the Supreme Court’s Sackett v. EPA decision in 2023.
More reporting on this from Source New Mexico’s excellent coverage.
A changing Strategic Water Supply Act: For weeks, New Mexico Gov. Lujan Grisham has been advocating for House Bill 137 that would to shore up more water by backing reuse projects to make brackish groundwater potable and (more controversially) treat “produced water,” a byproduct from oil and gas operations. After pushback from Democratic lawmakers on the oil and gas provisions, the Strategic Water Supply Act now only focuses on treating brackish water.
The creation of reclaimed water authorities: House Bill 311 would allow for local governments to create a Reclaimed Water Authority to oversee the use of treated water that could be reused as a new supply.
ARIZONA:
Rural Groundwater Management Act: Backed by Gov. Katie Hobbs, Senate Bill 1425 aims to give rural communities more flexibility in groundwater management and creating rules to reduce use. The legislation would also help to fund aquifer recharge and programs that could increase supply.
Ag to Urban: Senate Bill 1611 would use credits to allow parties to transfer groundwater tied to irrigated cropland and dedicate it to urban development, a Republican proposal that competes with a similar plan backed by the governor. The details here are extremely complicated, and I highly recommend reading this excellent and illuminating piece by the Arizona Mirror on the two proposals.
The two plans, the Mirror notes, “would retire rights to water used for crop irrigation in areas with water use restrictions and transfer some sort of water credit to facilitate urban developments that would use significantly less water.”
CALIFORNIA*:
Authority to regulate under the federal Clean Water Act: Similar to New Mexico, California is also looking at proposed legislation (Senate Bill 601) to address gaps in the Clean Water Act following the Sackett ruling.
PFAS and drinking water: Under Assembly Bill 794, state water regulators would be required to implement emergency rules for “forever chemicals,” as E&E News reported. It comes after the EPA adopted federal PFAS rules in the final days of the Biden administration.
* This is an especially not comprehensive list, but here are a few bills to start. I still need to spend some more time diving into California proposals and will update later.
Last thing: Where drought is sinking in
I’ll end this edition today with the most recent U.S. Drought Monitor map. Extreme drought is hitting the Southwest, and it’s something to watch as we go into spring.
If it’s felt warmer than usual lately, it’s worth noting that global temperatures in February were among the warmest on record. This is a good L.A. Times story on what warmer storms mean for the snowpack across the West:
Alongside these largely random weather conditions, scientists are also seeing a trend linked to human-caused climate change: The snowpack this year is significantly smaller at many lower-elevation sites in the mountains after months of warmer-than-average temperatures.
“That’s really a signature of warmer temperatures,” said Daniel Swain, a climate scientist at UCLA. “There has been precipitation in the mountains in many cases, but that has been more in the form of rain than snow for much of the season.”
Will have more news soon. Until next time…
Take care,
Daniel
Great round up, Daniel, thank you.