CALIFORNIA WATER NEWS
State Water Resources Control Board Considers Adopting the Human Right to Water as a ‘Core Value’ in Its Activities151
REGULATORY DEVELOPMENTS
Fish and Wildlife Service and NOAA Fisheries Issue New Rules for Critical Habitat Designation under the Federal Endangered Species Act153
State Water Resources Control Board Schedules Public Hearing and Issues Pre-Hearing Conference Ruling Regarding Change Petition for the WaterFix Project156
State Water Resources Control Board Adopts Extended Emergency Water Conservation Regulation157
2016 Update to California Water Action Plan Released159
LEGISLATIVE DEVELOPMENTS
U.S. Senator Feinstein Introduces Revised Drought Relief Bill in
Congress161
Bill to Implement Westlands Water District Drainage Settlement Introduced in Congress162
LAWSUITS FILED OR PENDING
Environmental Groups Bring ESA Challenges against Bureau of Reclamation, Irrigation Districts over Impacts to Oregon Spotted Frog164
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Sixth Circuit Finds Clean Water Act Does Not Permit Suits against Regulators for Violating the Act’s Procedural Requirements166
Askins v. Ohio Department of Agriculture, ___F.3d___, Case No. 15-3417 (6th Cir. Jan. 6, 2016).
District Court:
District Court Limits Damages San Diego May Recover in Groundwater Contamination Case168
California v. Kinder Morgan Energy Partners, L.P., ___F.Supp.3d___, Case No. 07-cv-1883 (S.D. Cal. Feb. 2, 2016).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Court Finds Water Rate Structure that Includes a Charge for Groundwater the Agency Does Not Provide Violates Proposition 26170
Newhall County Water District v. Castaic Lake Water Agency, ___Cal.App.4th___, Case No. B257964 (2nd Dist. Jan. 19, 2016).
Third District Court Finds Department of Fish and Wildlife Strictly Liable in Action for Inverse Condemnation for Flood Damage172
Pacific Shores Property Owners Association v. California Department of Fish and Wildlife, 244 Cal.App.4th 12 (3rd Dist. 2016).
