Sustainable Communities

Water availability is an important prerequisite to any public approval of development. Public agencies face the dual prongs of compliance with legislative enactments like SB 610 and AB 221 and judicial decisions that require - again, independent of legislative fiat - specific local findings of availability under CEQA.

Recent caselaw requires that the CEQA analysis include only actual, not “paper” water, and insists that the analysis of indirect impacts include far-reaching impacts from groundwater extraction and water transfers. BB&K has worked extensively with public and private clients in preparing the detailed analysis required by legislation and case law.

More aggressive implementation and enforcement of California and Federal Clean Water Acts by Regional Water Quality Control Boards creates opportunities and obligations to incorporate sustainable practices in local land use and developmental regulations. BB&K attorneys routinely interact with the State Water Resources Control Board and Regional Boards on MS4 and construction storm water permits.

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