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Court of Appeal Reaffirms State Water Board’s Broad Authority to Regulate Unreasonable Use Through Emergency Regulations and Curtailment Orders, Even as to Riparian and Pre-1914 Rights, During Drought Conditions

On June 18, 2020, the Third District Court of Appeal affirmed the State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate what it deems to be an unreasonable use of water, in this case through adoption of emergency regulations establishing minimum instream flow requirements to protect migration of threatened fish species during drought conditions.

Filling Trump Void, California Steps in to Protect Birds, Wetlands

The Trump administration has rolled back dozens of long-standing environmental protections. Now California is trying a new tack: Writing its own rules.

In Protecting Endangered Fish, Muddy River flows, State Regulators Find Little Water Left In Basin Eyed by Coyote Springs

The state’s top water regulator issued a ruling Monday that is likely to have a significant effect on any future development in a large area northeast of Las Vegas, including the construction of Coyote Springs, a proposed master-planned community.

Burrowing owls get a helping hand with new habitat from the Otay Water District. Photo: Otay Water District burrowing owl homes

Otay Water District Gives Burrowing Owl Homes a Makeover

Burrowing owl homes maintained by the Otay Water District received a modern makeover this year. As part of its ongoing environmental mitigation efforts, the District managed construction of new nesting burrows to encourage breeding.

Ten acres of the 240-acre, District-owned San Miguel Habitat Management Area reserve, or HMA, and mitigation bank in eastern Chula Vista is a dedicated native grasslands area where the new artificial burrows are located. The California Department of Fish & Wildlife has designated burrowing owls as a “Species of Special Concern.” They are also protected under the Federal Migratory Bird Treaty Act.

A burrowing owl in an old style burrow prior to remodeling. Photo: Otay Water Districr

A burrowing owl in an old style burrow prior to remodeling. Photo: Otay Water District

In 2019 with CDFW’s guidance, the District began planning for the retrofit of existing artificial burrows and installation of several new burrows with the most current burrow design, intending to allow for maximized breeding success. The project also enhances the value of the native grassland habitat by removing invasive plants that surround most of the artificial burrows.

“The District’s project to enhance the existing burrowing owl habitat is so important because the HMA is a protected area where the owls can safely live and breed,” said Lisa Coburn-Boyd, Otay Water District environmental compliance specialist. “Increasingly, in San Diego County, the burrowing owl population is declining because of habitat loss and fragmentation.”

Small raptors active during the day

Burrowing owls are small owls with bright yellow eyes. Unlike other owls, burrowing owls are active during the day.

Burrowing owls are also quite social. This small raptor lives among others of its own species in loose groups of up to several hundred individuals. They measure seven to 11 inches long and weigh five to nine ounces. Their diet consists of insects, small rodents, amphibian and reptile species, and carrion.

Burrowing owls will take over old mammal burrows as their homes. But in areas where small mammals aren’t present, they will also nest in shallow, underground, human-made structures.

Burrowing owl homes remodeled using new design

This year, the Otay Water District used the updated burrow design recommended by the CDFW and developed by the San Diego Zoo Institute for Conservation Research. Photo: Otay Water District

This year, the Otay Water District used the updated burrow design recommended by the CDFW and developed by the San Diego Zoo Institute for Conservation Research. Photo: Otay Water District

Originally, the District constructed 15 artificial burrows in 2003 as mitigation for impacts to burrowing owl burrows due to reservoir construction and the creation of the former Salt Creek Golf Course. The original burrows used an older design of the artificial burrows and their native grasslands habitat. Although the HMA had regular burrowing owl visitors during that time, breeding success was limited with no owl breeding pairs.

This year, the Otay Water District used the updated burrow design recommended by the CDFW and developed by the San Diego Zoo Institute for Conservation Research. The District retrofitted and enhanced five existing burrows and installed six new burrows. During construction of the burrows in January and February, two burrowing owls seemed interested in the construction. No breeding pairs have used the burrows this season. The District hopes they will be back to move into the newly completed burrows.

See burrowing owls on the San Diego Safari Park’s live webcam.

State, Feds in Talks Over Water

California and federal water regulators are trying to quickly resolve their legal dispute over competing biological opinions governing the management of their respective water projects, a top state official says.

Klamath Farmers Protest Early Water Cutoff

In two weeks or less, farmers and ranchers near the California-Oregon border will see their water supplies run dry, after operators of the federal Klamath Water Project unexpectedly cut allocations in response to concerns about protected fish.

Judge Temporarily Blocks Trump’s California Water Plan

A federal court on Tuesday temporarily blocked the Trump administration’s efforts to pump more water to the agricultural Central Valley, which critics said would threaten endangered species and salmon runs.

Calif. Agencies Sue State as Irrigation War Escalates

California water agencies yesterday sued the state over endangered species protections they claim threaten their ability to provide water to more than 25 million residents and thousands of acres of farmland.

The lawsuit is an extraordinary step, underscoring that Gov. Gavin Newsom (D) now has multiple crises on his plate: the coronavirus pandemic and a rapidly devolving water war.

At issue is water shipped from California’s water hub, the Sacramento-San Joaquin River Delta east of San Francisco, south via the State Water Project, a massive system of dams, canals and aqueducts.

California recently issued a new permit for the project under the state’s endangered species law.

The water agencies that get their water from the project — which include the country’s largest water provider — are challenging it in court, saying the terms of the permit would increase their costs by $22 million annually.

California Sues to Stop Federal Water Actions

California wants a federal judge to stop how the Trump administration is managing water supplies in the Golden State, saying protected species like trout and Delta smelt risk imminent and irreparable harm.

California Dam Operators Can’t Dodge Fish-Endangerment Claims

Federal and regional operators of Southern California’s Twitchell Dam lost their bid to dismiss claims the dam causes unlawful killing of endangered steelhead trout, but they won’t face an emergency injunction restricting their operations, a federal judge ruled Friday.