Golden Gate University Law Review


This Article emphasizes how the Santa Clara Valley Water District (SCVWD), the Guadalupe-Coyote Resource Conservation District (GCRCD) (as the plaintiff in the several complaints), and other parties developed a joint scientific record as the basis for their negotiations, and how the resulting settlements use adaptive management to assure cost-effective restoration in the face of continuing uncertainty about the impacts of SCVWD's water supply and flood protection facilities. Section I addresses the settlement of a water rights complaint brought against the SCVWD to modify the operation of its water supply system in the upper reach of the river. Section II explores the settlement of a related notice of citizens' suit brought against flood protection projects in the more urbanized reaches downstream. Section III discusses the future implementation of these settlements, including consequences for both the Guadalupe watershed and other urban rivers.