Recent Updates on Presidential Action: California Water Resources (as of February 9, 2025)

This document summarizes recent updates and developments related to the Presidential Action "EMERGENCY MEASURES TO PROVIDE WATER RESOURCES IN CALIFORNIA AND IMPROVE DISASTER RESPONSE IN CERTAIN AREAS." Updates are presented chronologically.

Chronological Updates:

• January 20, 2025: The memorandum "Putting People over Fish: Stopping Radical Environmentalism to Provide Water to Southern California" was issued, signaling a shift in federal water policy.

• January 24, 2025: The Presidential Action "EMERGENCY MEASURES TO PROVIDE WATER RESOURCES IN CALIFORNIA AND IMPROVE DISASTER RESPONSE IN CERTAIN AREAS" was signed, formalizing the administration's water resource strategy for California.

• Late January - Early February 2025 (Approximate): In response to the Presidential Action, a "Citizen Action Toolkit" was developed and disseminated. This toolkit aims to facilitate resistance to the action through legal, civic, advocacy, educational, and state/local strategies.

• Ongoing (as of February 9, 2025): Constitutional concerns persist regarding the Presidential Action. These concerns center on:

  • Federalism: Potential overreach into state water management authority.
  • Separation of Powers: Broad delegation of power to the executive branch.
  • Equal Protection: Potential discrimination based on immigration status in water resource allocation.
  • Endangered Species Act (ESA): Risk of undermining ESA protections and expedited exemptions.

• Ongoing (as of February 9, 2025): Implementation of the water rerouting mandate is underway. The Department of Commerce and Department of Interior are tasked with rerouting water from the Sacramento-San Joaquin Delta to Southern California, prioritizing human use. A 90-day deadline for a progress report is in place (approximately late April 2025).

• Ongoing (as of February 9, 2025): The directive for expedited action on ESA exemptions and review/revision of ESA regulations remains active.

• Ongoing (as of February 9, 2025): Public resistance is anticipated, potentially utilizing the "Citizen Action Toolkit" to organize actions such as contacting elected officials, raising public awareness, and monitoring agency actions.

• Ongoing (as of February 9, 2025): Expert analysis continues to highlight potential negative impacts, including:

  • Ecological Damage: Concerns about harm to the Sacramento-San Joaquin Delta ecosystem due to reduced water flow.
  • Federal-State Tensions: Risk of increased conflict between the federal government and California over water rights and environmental regulations due to the framing of environmental concerns as "radical environmentalism."

• February 7-9, 2025: No significant new updates were identified during this period. Monitoring for further developments is ongoing.

Summary of Key Concerns:

• Legal Challenges: The Presidential Action faces potential legal challenges based on constitutional grounds and environmental law violations.
• Implementation Issues: The implementation of water rerouting and ESA exemptions is ongoing, with potential for ecological and regulatory conflicts.
• Public and Expert Opposition: Public resistance and expert commentary highlight concerns about environmental damage and federal-state tensions.

Further research is recommended to track legal challenges, implementation progress, and evolving public and expert reactions.