Riding a three-year football winning streak at the annual Red River Rivalry in Dallas, Oklahoma ran over Texas before the U.S. Supreme Court when an unanimous Court ruled that the Red River Compact does not pre-empt Oklahoma water law. The decision in Tarrant Regional Water District v. Hermann follows a long-standing tradition of deference to state sovereignty. The economic stakes were a Texan attempt to avoid the cost of water treatment. Continue reading
IID-San Diego Transfer/QSA Opponents Strike Dry Hole in CA Litigation Lottery
On June 4th, Superior Court Judge Lloyd G. Connelly in California declared the “payout” on the decade-old litigation challenging the historic Imperial Irrigation District-San Diego County Water Authority water conservation and transfer agreement and related agreements including the Quantification Settlement Agreement (“QSA”).
Judicial scoring: transfer/QSA proponents, 100; transfer/QSA opponents, 0 Continue reading
A Modest Proposal to Restructure California’s State Water Project
Contractors of California’s State Water Project (“SWP”) are negotiating renewal of their SWP contracts that expire in 2037. Rather than business as usual, California has an once in a generation opportunity to restructure the SWP along economic principles that facilitate better resource utilization, resolve lingering disputes over SWP water supply and transportation, and yield California billions of dollars. How? Auction the SWP’s water rights and facilities. There are many issues to discuss. Let the dialogue begin. Continue reading
Southern Nevada Seeks Public-Private Partnership for Infrastructure Finance
Pat Mulroy, General Manager of the Southern Nevada Water Authority kicked-off the session on public-private partnerships at the recent 6th Annual OC Water Summit with a characteristically powerful and persuasive presentation about Southern Nevada’s infrastructure program. She challenged the private sector to step up and work with public agencies to finance the large infrastructure investments facing the water sector. Southern Nevada’s challenges provided an excellent context for the panel discussion that included former LA Mayor Richard Riordan and California State Treasurer Bill Lockyer. The discussion provides a roadmap for an expanded role for public-private partnerships in water infrastructure finance. Continue reading