Category: Flood Control

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USACE Issues Draft Guidance on Federal Credit; Comments Due By September 28, 2015

A little more than a year after the passage of the Water Resources Reform and Develop Act (WRRDA), the U.S. Army Corps of Engineers (USACE) has issued the draft guidance required by section 1018. And, from a local perspective, the draft guidance is quite good and appears to reflect a softening on some crediting issues that … Continue Reading

Will an El Niño Weather Pattern Lead to Flooding in California’s Central Valley?

If you have been reading major California newspapers over the past few weeks, you have seen a number of stories about a “monster” El Niño event headed our way this winter.  Most of those articles address whether such an event would end California’s four-year drought.  A small handful of them address what I consider a more interesting question: … Continue Reading

Inverse Condemnation Flooding Case Moves Forward in Texas

A recent Texas Supreme Court case on inverse condemnation has opened the door for a group of homeowners to continue in a lawsuit against their county and flood control district over property damage that was allegedly a known possibility when the government entities approved the housing development.  These cases are rare, so it’s an unusual … Continue Reading

New California Tribal Consultation Law Takes Effect July 1

Most flood control projects require environmental review triggered by a federal, state, or local agency permit or decision. For example, federal agencies must consider the environmental impacts of their proposed actions under the National Environmental Policy Act (NEPA), and many states have their own “mini-NEPA” laws that require state and local agencies to identify the … Continue Reading

Development Set to Begin Again in Sacramento’s Natomas Area

Since 2008 the Natomas area in the City of Sacramento has been under an effective moratorium on new development due to insufficient flood protection. The area is preparing to re-start development once the City receives a letter from the Federal Emergency Management Agency (FEMA) that lifts a flood hazard designation that was severely limiting the … Continue Reading

Louisiana Judge Tosses Lawsuit Blaming Oil and Gas Industry for Flood Damages

A lawsuit brought in 2013 by the Southeast Louisiana Flood Protection Authority-East has been dismissed by a federal judge who found that the Authority had failed to support its claims against dozens of oil, gas and pipeline companies. The Authority sued the companies for damages, arguing that their oil and gas exploration activities had damaged … Continue Reading

State Grant Program Offers $150 Million for Urban Flood Protection Projects

California flood control agencies learned in January that the state’s Department of Water Resources (DWR) is making available $150 million for projects aimed at reducing flood risks to urban areas. The Urban Flood Risk Reduction grant money, which represents a portion of the $5 billion approved by voters in 2006, will be distributed through a … Continue Reading

2014 Milestone: Passage of Water Infrastructure Legislation

When it comes to federal legislative actions that impact flood control, the passage of water infrastructure legislation was undoubtedly the most significant action in 2014. After months of difficult negotiations in Congress, the House and Senate passed the Water Resources Reform and Development Act (WRRDA) and the President signed the bill into law in late … Continue Reading

Corps Issues New 408 Guidance for Modifications of Authorized Projects

The U.S. Army Corps of Engineers (USACE) issued a new engineering circular (EC 1165-2-216) to provide policy and guidance for processing requests to alter USACE civil works projects pursuant to 33 U.S.C. section 408. This new circular collects existing guidance from several informal documents, codifies USACE practice from some USACE Districts that process many 408 … Continue Reading
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