July 8, 2024

The following analysis of the Supreme Court’s decision to overturn the Chevron doctrine is provided by the National Association of Clean Water Agencies (NACWA).

The Chevron deference standard, coined for the case in which it was articulated - Chevron U.S.A. v. Natural Resources Defense Council – refers to the principle that a court should defer to reasonable federal agency interpretations of a statute they administer where the statute is either silent or ambiguous. In a decision split along ideological lines late last month, the Court overruled Chevron and instead held that the Administrative Procedure Act (APA) requires courts reviewing agency actions to exercise their independent judgment and decide all relevant questions of law. Read on for NACWA’s full analysis, including its impact on water and wastewater utilities.

In late 2023, President’s Council of Advisors on Science and Technology (PCAST) held a public session on Understanding Groundwater that reiterated the importance of groundwater as a resource and the need to better manage it. Earlier this year, PCAST followed up with a public request to answer a series of questions on groundwater. The questions asked about community engagement, water quality and safety measures to limit groundwater overuse, and more. On July 1, WateReuse submitted comments to the PCAST on these questions, highlighting the need for further investment and adoption of water recycling to bolster groundwater supplies and to ensure long-term water security. WateReuse will remain engaged on this topic, as water recycling supports the management of subsurface water supply levels and ensures a robust water supply in the face of climate change.

In late June, U.S. Environmental Protection Agency’s (EPA) Office of Research and Development opened a solicitation period for a new project opportunity on the Occurrence and Implications of De Facto Water Reuse on Drinking Water Supplies. EPA provides the following definition: “De facto water reuse occurs when a drinking water supply contains a significant fraction of wastewater effluent, typically from upstream wastewater discharges. This contrasts with planned potable reuse where highly treated wastewater is purposefully used to supplement drinking water supplies.”

Applications will be accepted through August 21 from public and private institutions, universities, or colleges. EPA’s request for applications seeks to address what they describe as knowledge gaps on the impact, risk, and mitigation of de facto reuse in drinking water sources across the United States. EPA intends to fund four awards at up to $2,375,000 each with a minimum non-federal cost share of 25%. Eligible applicants include public and private institutions, universities, and colleges. EPA will be hosting an Informational Webinar on July 11 at 1:00 pm ET to cover information on this opportunity. 

EPA announced the release last week of a new data set, mapping application, and supporting materials related to Community Water System (CWS) Service Area Boundaries. This new tool allows users to learn more about who provides their drinking water using an interactive map. EPA’s map includes both modeled boundaries and actual boundaries available for some states. Knowing these boundaries helps to connect water system data (such as compliance status) with data about the populations that drink the water (such as demographics). Ultimately, this data can be used to improve drinking water planning, environmental justice analyses, emergency response, and more. Additionally, EPA has developed a national data standard, webpages, and other materials to contextualize, improve upon, and support the use of this boundary data.

On July 3 the California State Water Resources Control Board adopted the “Making Conservation a California Way of Life” regulation that establishes water use objectives and long-term standards for urban water retailers. Brenley McKenna, Managing Director of WateReuse California, thanked the State Board for working with WRCA over many years on the reuse provisions of these regulations. The complex regulation is relevant to both potable and non-potable water recycling in California.

The regulation sets progressively more stringent landscape efficiency standards for irrigation. But following WateReuse California’s years-long advocacy effort, the regulation also includes a separate provision for irrigation with non-potable recycled water. Additionally, the regulation allows for a Potable Reuse Bonus incentive, which for new facilities can add up to 10% for the applicable water budgets used to calculate an agency’s water use objective. Existing potable reuse supplies can add up to 15%.

WRCA will be hosting a webinar July 24 from 10 – 11 am to review the regulations -- with an emphasis on understanding the reuse requirements. Please join Rosario Cortés, Manager of Regulatory Affairs for WRCA, and Fiona Sanchez, Director of Water Resources for Irvine Ranch Water District for this webcast.

WateReuse member Olivenhain Municipal Water District received the 2024 Project of the Year Honor Award from the American Public Works Association’s San Diego and Imperial County Chapter recently for its Manchester Avenue Recycled Water Pipeline Project. “Using recycled water to irrigate landscapes allows potable water to be saved for other uses, such as drinking, bathing, and cooking. Our Manchester pipeline will reduce drinking water demand by about 27 million gallons a year,” said OMWD Board Secretary Larry Watt.