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California and Victoria, Australia, are both drought-prone states that face major challenges in managing freshwater-dependent ecosystems and native species during dry times. Both states have experienced intense controversy over balancing water for environmental needs and agricultural and urban uses. But while California’s environment has suffered greatly during its latest drought—with many species pushed to the brink of extinction—Victoria avoided serious biological losses during an even longer drought. Equally important, Victoria enacted a suite of policy changes that improved water management for all sectors, not just the environment, and reduced conflict.

Judge Michael Kenny of the Sacramento Superior Court today ruled that the Delta Plan is “invalid” after a successful legal challenge by multiple Delta parties who argued that the controversial plan is not protective of the water quality or the fish species that depend on fresh water flows for their survival.

The Court, in its tentative ruling vacating the plan, said the Delta Stewardship Council must redo the Delta Plan to include a number of quantitative measures of performance, including reduced reliance on the Delta for future water needs by exporters.

Necessity is the mother of invention and California’s ongoing drought is teaching us that water suppliers can be very creative when they need to be.

Sometimes that is a good thing, particularly when we see water utilities meeting and exceeding Governor Brown’s call for 25 percent water conservation. In other cases, pursuing new, “drought-proof” water supplies can have unintended consequences. Drought-proof supplies, while helping respond to climate change, often require more energy than conventional drinking water sources.