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California Water Law & Policy Reporter

August/September 2015

Volume 25, Number 11 August/September 2015

CALIFORNIA WATER NEWS

Metropolitan Water District Quickly Exhausts $350 Million in Additional Cash for Grass Funding306

REGULATORY DEVELOPMENTS

With the Adoption of a Final Rule on ‘Waters of the United States,” Critics Claim Expanded Definition Violates States’ Rights and Places Undue Burden on Farming and Agriculture308

Department of the Interior and Bureau of Reclamation Release Feasibility Report Regarding Potential Enlargement of Shasta Dam310

National Oceanic and Atmospheric Administration’s Most Current El Niño Predictions Continue to Forecast High Likelihood of a Wet California

Winter312

State Water Resources Control Board Issues Enforcement Action Against

Byron-Bethany Irrigation District for Unauthorized Diversions—District

Requests Formal Hearing313

Department of Water Resources Solicits Comments Concerning the Recently Released Draft Basin Boundary Regulations315

Department of Water Resources Addresses Outdoor Water Use with Revised Model Water Efficiency Landscape Ordinance316

LEGISLATIVE DEVELOPMENTS

A Federal Response to the Drought—Three Bills Pending in Con-

gress319

LAWSUITS FILED OR PENDING

In the Wake of the Capistrano Taxpayers Association Decision—Proposition 218 Class Action Filed Challenging Water Districts’ Tiered Rates322

City of Riverside Files Lawsuit Challenging Emergency Drought Regulations323

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Third Circuit Affirms EPA’s Issuance of a Multi-State Clean Water Act TMDL Framework For Reducing Pollution to the Chesapeake Bay325

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-4079 (3rd Cir. July 6, 2015).

RECENT STATE DECISIONS

Superior Court:

San Francisco Superior Court Awards $188 Million in Damages to San Diego County Water Authority in Rate Case against Metropolitan Water327

San Diego County Water Authority v. Metropolitan Water District of Southern California, Case Nos. CFP-10-510830, CFP-12-512466 (San Francisco Super. Ct. 2015).

Sacramento Superior Court Issues Temporary Stay of Enforcement of Curtailment Letters Against Senior Water Rights Holders, but Denies Preliminary Injunction329

West Side Irrigation District, et al. v. California State Water Resources Control Board, Case No. 34-2015-80002121 (Sacramento Super. Ct. 2015).