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HIGHLIGHTS
ADMINISTRATION/WATER QUALITY – CWA §401 Certification Authority/Federalism
On August 18, the EPA Office of Water held a federalism consultation with States regarding challenges implementing Clean Water Act §401. States and ACWA noted problems with frequent rule changes, long federal review timelines, and short comment periods. Some appreciated the flexibility and broad scope of the 2023 rule, while others urged a narrow scope focused on discharge only.
WATER RESOURCES – North Dakota/Flood Control
On August 7, the Red River in Fargo, North Dakota, was rerouted through the Red River Control Structure. Governor Kelly Armstrong highlighted the historic nature of the project, praised collaboration among more than 50 organizations, and noted the state’s $850M investment in the $3.2B project.
WATER RIGHTS – California/Non-Tribal Reserved Groundwater Rights
On July 28, the Orange County Superior Court issued a proposed decision* in Phase 1 of the Mojave Pistachios groundwater adjudication, quantifying the U.S. Navy’s federal reserved water right at China Lake at 2,008 AFY with a 1947 priority date. The court distinguished primary purposes of the reservation, such as weapons development and on-base housing, from secondary uses, excluding off-base water use and treated wastewater for external needs. The court also emphasized basing the water right on current usage and reasonably probable future needs rather than historical consumption during World War II or the Vietnam War.
*An earlier version of Issue #2676 omitted the word “proposed.” As of 9/08/2025 this page and PDF linked above have been corrected.
ANNOUNCEMENTS
The WSWC Fall Meetings will be held in San Pedro, California, at the DoubleTree San Pedro Port of Los Angeles. A room block is being held through August 23. In-person attendees should register by September 5 at https://westernstateswater.org/events/wswc-fall-208th-meetings-san-pedro-california/
Schedule of Meetings
Tuesday, September 23
8:00 am Full Day Groundwater Workshop
Wednesday, September 24
8:00 am Full Day Field Trip
Thursday, September 25
8:00 am Strategic Directions Report and Wrap-Up
9:30 am WaDE – Members’ Discussion
10:30 am Special Topic: Water Data-State Priorities & Funding
12:00 pm Executive Committee (over lunch – invitation only)
1:30 pm Water Resources Committee Meeting
2:45 pm Water Quality Committee Meeting
4:00 pm Legal Committee Meeting
6:00 pm Reception
Friday, September 26
8:00 am WSWC Full Council (208th) Meeting