Emergency Measures To Provide Water Resources in California and Improve Disaster Response in Certain Areas

This executive order directs federal agencies to override California state water policies to maximize water deliveries to Southern California for wildfire response, while also expediting disaster relief for Los Angeles wildfire survivors and North Carolina Hurricane Helene victims. It mandates reviews of federal funding to California, fast-tracks environmental compliance for water projects, and requires housing and debris removal plans for affected communities.

Federal Register Open PDF 90 FR 8747

Impact dates

Feb 23, 2025
Report on California state/local policies inconsistent with sound disaster prevention/response
Feb 23, 2025
Identify regulatory hurdles, legal changes, and develop proposed plan to suspend/revise/rescind burdensome regulations for water projects
Feb 8, 2025
Report on authorities available to ensure water resources for wildfire prevention/fighting
Jan 29, 2025
Plan to expedite bulk removal of contaminated and general debris in Los Angeles area

Key directives

Override existing activities that unduly burden water deliveries (Sec. 2(b))
Operate CVP to deliver more water and produce additional hydropower, notwithstanding contrary state/local laws (Sec. 2(c))
Expedite ESA exemptions for CVP and State Water Project (Sec. 2(d))
Review, revise, or rescind ESA section 1536 regulations (Sec. 2(e))
Designate federal officials for NEPA/ESA coordination; identify regulatory hurdles and develop plans within 30 days (Sec. 2(g))
OMB review of federal programs impacting land/water management (Sec. 3(a))
Report on California policies inconsistent with disaster prevention within 30 days (Sec. 3(b))
Develop debris removal plan within 5 days (Sec. 4(b))
Implement plan for Los Angeles preparedness grants; investigate misuse (Sec. 4(c))
Expedite North Carolina roadway clearance and housing (Sec. 5)

Timeline

Immediate

Secretary of Interior and Secretary of Commerce to immediately override water delivery restrictions
FEMA to immediately implement plan for Los Angeles preparedness grants
Federal officials to immediately take measures for North Carolina roadway clearance and housing plans
Bureau of Reclamation to utilize discretion to operate CVP for more water and hydropower

Near term (90d)

Within 5 days: Plan for bulk debris removal in Los Angeles area
Within 15 days: Report on authorities to ensure water resources for wildfire prevention
Within 30 days: Report on California state/local policies inconsistent with disaster prevention
Within 30 days: Designated federal officials to identify regulatory hurdles and develop plans for water projects

Long term

Potential revision/rescission of ESA section 1536 regulations
Review of all federal programs impacting California land/water management
Possible changes to future federal funding terms for California
New Record of Decision maximizing water deliveries for CVP

Risks & tensions

Federal-state conflict: Order explicitly overrides 'contrary State or local laws' and 'actively harmful State or local policies', setting up legal challenges
ESA compliance tension: Expedited exemptions and potential regulatory revision may conflict with statutory environmental protections
Vague 'unduly burden' standard in Sec. 2(g) creates implementation uncertainty; definition provided but leaves broad discretion
Funding threat to California: Sec. 3 signals potential withholding or conditioning of federal aid, raising constitutional federalism concerns
Preparedness grants restriction: 'shall not be used to support illegal aliens' introduces immigration enforcement into disaster funding
Dual-purpose structure mixes immediate disaster response with longer-term water policy changes that extend beyond emergency