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California Water Law & Policy Reporter

October 2026

Volume 37, Number 1 October 2026

LEGISLATIVE DEVELOPMENTS

AB 2218, A Bill to Promote Tribal Consultation and Address Inequities

in Access to Water, Moves to the Governor’s Desk for Signature3

Governor Signs Suite of Bills on Data Centers and Water Use4

REGULATORY DEVELOPMENTS

AHO Issues Revised Draft Decision for Sites Reservoir: Conditional

Approval Tied to the 2026 Bay-Delta Plan6

Westlands and Reclamation Threaten to Exit Healthy Rivers and Landscapes Program over SWRCB’s Final Draft Bay-Delta Plan9

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

The Ninth Circuit Affirms Exemption of Central Valley Project Contract Conversion from Contract-Specific Environmental Reviews11

Center for Biological Diversity v. U.S. Bureau of Reclamation, ___ F.4th ___, Case No. 25-5137 (9th Cir. Aug. 17, 2026).

Ninth Circuit Orders New Trial After Sackett Reopens Clean Water Act Coverage of Temescal Creek13

Inland Empire Waterkeeper v. Corona Clay Co., ___ F.4th ___, Case Nos. 24-6090, 24-6199 (9th Cir. Aug. 5, 2026), amended (Sept. 3, 2026).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

California Court of Appeal Defers SGMA Sutainability Challenges to DWR Review15

AquAlliance et al. v. Vina Groundwater Sustainability Agency et al., ___ Cal.App.5th ___, Case No. C102382 (3rd Dist. July 30, 2026).

Fourth District Court Requires Deeper CEQA Review of Water Supply and Sea Air Impacts for Imperial County Lithium Project17

Comite Civico del Valle v. County of Imperial, ___ Cal.App.5th ___, Case No. D085747 (4th Dist. Aug. 11, 2026).

Third District Court Limits Scope of Regulator Fees under SGMA to Owners and Operators

of Groundwater Wells19

Garst v. Tehama County Flood Control and Water Conservation District, 121 Cal.App.5th 507 (3rd Dist. 2026).

First District Court Finds County Invoking Public Trust Doctrine for Well Permitting Ordinance

Amendments Failed to Analyze the Ordinance

under CEQA20

Russian Riverkeeper v. County of Sonoma, 122 Cal.App.5th 382 (1st Dist. 2026).


Superior Court:

Final Phase Concludes in Thirteen-Year Battle

over Groundwater Pumping Rights in Paso

Robles22

Steinbeck Vineyards #1, LLC, et al. v. County of San Luis Obispo, et al., Case No. 2014-1-CV-265039 (Santa Clara County Super. Ct. Sept. 24, 2026).