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After Court Ruling, Water Board Updates California’s Version of WOTUS

The State Water Board on Tuesday approved an update to dredge and fill procedures for wetlands considered waters of the state. According to staff, the new resolution simply reflects a recent court decision that the board cannot centralize all of its water plans and policies under one regulatory umbrella. For water interests, however, the resolution raised significant concerns and could create conflicts with regulations that directly impact agriculture. Valerie Kincaid, an attorney representing a coalition of valley water agencies, contended the new resolution fails to comply with the judgement and threatens to compromise the board’s integrity.