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23 Hastings W.-Nw. J. Envt'l L. & Pol'y 83 (2017)
Regulating with Reasonable Use: Lessons from Drought Management in the Russian River Watershed

handle is hein.journals/haswnw23 and id is 96 raw text is: 











Regulating with Reasonable Use:

Lessons from Drought Management in

the   Russian River Watershed*

     John Ugai**



     * This publication was developed with partial support from Assistance
Agreement No.83586701 awarded by the US Environmental Protection Agency
to the Public Policy Institute of California. It has not been formally reviewed
by EPA. The views expressed in this document are solely those of the authors
and do not necessarily reflect those of the agency. EPA does not endorse any
products or commercial services mentioned in this publication.

     ** Stanford Law School, J.D. expected June 2017. A special thank you to
Leon Szeptycki for his expert guidance and feedback. Many thanks to Corinne
Gray, Mary Ann King, Don McEnhill, and other the stakeholders, who took
time to share their thoughts with me and to Jeffrey Mount, Brian Gray, Molly
Melius, Ellen Hanak, Ted Grantham, Caitlin Chappelle, Elizabeth Vissers, and
Philip Womble for their feedback and support. Lastly, thank you to the editors
of West-Northwest for all their hard work.

                           Introduction

     California's most recent drought challenged the  Russian River
watershed with many of the same issues other areas of California faced. Water
scarcity forced stakeholders to balance the competing needs of endangered
species, agriculture, and local residents, as well as the political controversies
accompanying  them.  And they had  to do so with severely incomplete
information about water use  and hydraulically connected surface and
groundwater. Despite these common challenges, drought management in the
Russian River watershed stood out because of the State Water Resources
Control Board's (State Board) attempt to address these issues using the
legal prohibition against unreasonable uses of water. Although the State
Board's actions helped pave the way for better drought response in the future,
they also demonstrate the extreme difficulty in responding to a drought as it
occurs without adequate planning and data.
     To fully appreciate the State Board's actions in the Russian River
watershed during the drought, it is necessary to understand the State Board's


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