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Despite reticence in Washington, D.C. about the term “climate change” (see yesterday’s blog post on this topic), there is plenty of discussion in the media and in scientific circles about whether intense, off-the-charts storms like Hurricane Harvey are the result of, or are associated with, climate change. Unfortunately, we are unlikely to see a widely agreed-upon answer to that question (at least in political circles) in the near future. The good news is that the flood management community doesn’t need to have a precise answer to that question in order to consider how to deal with the uncertainty associated with changes in climate that scientists are predicting over the next few decades.

California has actually been thinking about this question for a while.  We hinted at this topic on our blog back in 2016 in the context of how California responded to catastrophic flooding in 1997.  It was after Hurricane Katrina and the failed levee system that devastated New Orleans that California got very serious, very quickly, about investing in its flood control system.

We left that blog post with the following teaser:

“How do you plan for a future system of facilities, the rehabilitation of which is very expensive and time-consuming, in the face of anticipated changes in precipitation patterns that we do not fully understand today?”

Here’s how California answered that question:

  • Flexibility – the Central Valley Flood Protection Plan, which was initially adopted in 2012 but a 2017 update was just adopted this summer, incorporates flexibility and resiliency into future changes and management of the flood protection system.  For example, projects that expand river channels through setback levees or (something else) will be prioritized in order to accommodate the increased flood flows anticipated in the future.  A more flexible and resilient system can work for a range of circumstances associated with changing weather patterns.
  • Land use incentives – as part of the legislative effort to address flood risk in 2007, the California Legislature passed a law tying land use decisions in the Central Valley (like approving new development) to flood protection, with the eventual result that no new development may be approved where sufficient flood protection (i.e., to a 200-year level in urban areas) standard is not in place.
  • Awareness – with the understanding that flood risks can never be reduced to zero, the Plan incorporates a robust flood risk awareness campaign to limit exposure of life and property to flooding over time.

The Central Valley Flood Protection Plan calls for an investment of $17 to $21 billion over thirty years, which is way more than California has ever spent on flood control.  But spending that amount of money only makes sense if the work is intended to make the system as resilient as possible given the uncertainty in climate that we are already experiencing.

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Photo of Andrea P. Clark Andrea P. Clark

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea…

Andrea Clark specializes in water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts to regional joint powers authorities.

Public agencies in the water and flood control fields rely on Andrea for her ability to explain in understandable terms the wide range of issues impacting them, including basic transparency laws (Brown Act and Public Records Act), public bidding and contracting, bond financing, the unique nature of joint powers authorities, and elections. She also regularly counsels clients on water transfers, Proposition 218 compliance, the California Environmental Quality Act, the National Environmental Policy Act, and financing strategies for major capital improvement projects.

With a special expertise in flood control and floodplain management, Andrea is regularly asked to speak on topics ranging from flood insurance to climate change and the future of flood control policy in California. Through her representation of clients in state flood policy and speaking engagements, she has forged strong relationships with key members of the flood control community in California.

Andrea also counsels private clients, including landowners and mutual water companies, on water supply matters, including proceedings before the State Water Resources Control Board, water rights determinations, and contractual disputes with Federal agencies.

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.